Jones v. Hayden

This is an action of tort to recover compensation for personal injuries sustained by the plaintiff, as a result of falling on Eustis Street, a public way in the Rox-bury district of the city of Boston. The declaration is in two counts, the first alleging that the plaintiff’s injuries were due to negligence of the defendant, the second alleging them to have been caused by a nuisance created by the defendant. The case was referred to an auditor whose findings were not to be final. He found for the defendant on both counts. Thereafter the case was tried to a jury upon the auditor’s report and…