Ballou v. Fitzpatrick

This is an action of tort wherein the plaintiff -seeks to recover compensation for personal injuries and for damage to property resulting from a collision between her automobile driven by her husband and an automobile driven by the defendant. The case was referred to an auditor without provision that his findings of fact should be final. See Merrimac Chemical Co. v. Moore, 279 Mass. 147. Parties did not avail themselves of trial by jury. The case was marked for hearing at a jury-waived session of the court. No reservation was made by either party of the right to introduce further evidence. No…