Passanessi v. C. J. Maney Co.

In this action of tort the plaintiff seeks to recover for damage .to his property by reason of a broken water main alleged to have been caused by the defendant’s negligence in installing a culvert. The case was referred to an auditor under the usual rule and he found for the plaintiff. Thereafter the case was tried to a jury on the auditor’s report and other evidence, and the jury returned a verdict for the plaintiff. The case comes here on the defendant’s *601exceptions to several rulings on evidence and to portions of the charge. No questions bearing on liability are involved and we shall…