Sarhanis v. Young

The plaintiff, a boy of six, was run down by an automobile operated by the defendant. An auditor, appointed under Rule 88 of the Superior Court (1932), whose findings of fact were not to be final, found that the injury was caused by negligence of the defendant without contributory negligence of the plaintiff or of any one having charge of his person. Liability is conceded. The only question relates to damages.

*572Although the plaintiff reserved the right to present further evidence, the case was in fact submitted to the jury upon the auditor’s report without further evidence from either party. In…