Beckwith v. Town of Boylston

This is an action to recover for personal injuries sustained by the plaintiff while travelling on Melrose Street, a public way in Boylston in this Commonwealth. The case was referred to an auditor under a rule which provided that the auditor’s report should be final as to the facts found. The report in these circumstances constitutes in substance by previous agreement of the parties “a statement of all the ultimate facts upon which the rights of the parties are to be determined by law.” It becomes in effect a case stated. Merrimac Chemical Co. v. Moore, 279 Mass. 147, 152. G. L. (Ter. Ed.) c.…