Mahoney v. C & R Construction Co.

This is an action of tort for alleged negligence in the construction by the defendant of a sewer upon land adjoining that of the plaintiffs, causing injury to the plaintiffs’ land and the building thereon.

The case was referred to an auditor whose findings of fact by agreement were to be final. The auditor made *559certain subsidiary findings, one of which was that “there was no expert evidence given as to how the high air compressor was operated” which caused damage to the plaintiffs’ building through vibration. Another finding was “that the defendant used the best and most improved method in…