Moore v. Worcester Insulation Co.

This action of tort for personal injuries was tried in the Superior Court without a jury. The case was referred to an auditor who found for the plaintiff. His report, not final, was the only evidence. The judge allowed the plaintiff’s motion for judgment on the report and the defendant excepted. There was error.

The report finds relevant facts as follows: On November 15, 1955, the plaintiff, an employee of the Worcester County Electric Company, was, according to his custom and without permission from or objection by anyone in charge, eating his lunch in a fire house of the city of Worcester,…