CLARK v. TURKE


345 Mass. 516 (1963)

188 N.E.2d 560

ANNE V. CLARK vs. JOHN T. TURKE.

Supreme Judicial Court of Massachusetts, Suffolk.

February 28, 1963.


Attorney(s) appearing for the Case

Bertram A. Sugarman for the defendant.

Timothy J. McInerney for the plaintiff.

Present: WILKINS, C.J., SPALDING, CUTTER, KIRK, & REARDON, JJ.


WILKINS, C.J.

In this action of tort for personal injuries by a guest passenger against the operator of a motor vehicle, the gross negligence of the defendant is conceded. The defendant's sole exception is to the trial judge allowing a so called "supplementary report" of an auditor to be read to the jury by counsel for the plaintiff.

The findings of fact of the auditor were not to be final. After hearing he filed on July 27, 1961, (1) an "auditor's report...

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