Massachusetts Supreme Judicial Court October 6, 1936 (Palumbo v. Bambini)

By the Court.

This is an action of tort wherein the plaintiff seeks to recover compensation for personal injuries alleged to have been received by him on a highway through the negligence or the wilful, wanton and reckless conduct of the defendant in operating an automobile. The case was referred under the usual rule to an auditor whose findings of fact were not to be final.