192 Mass. 226 | Mass. | 1906
This case comes here on appeal by the defendant from a ruling in the Superior Court allowing the auditor, on motion of the plaintiffs, to take a view, after he had reported to the court that in his opinion a view was necessary to a just decision of the case, and that it should be taken before the evidence was introduced, and also on appeals from rulings denying her motion that the case should be restored to the jury list after it had' been stricken therefrom in consequence of a waiver by the plaintiffs of their claim for a trial by jury, and denying another motion that she should be allowed to file a claim for a jury trial.
We have no doubt of the power of a judge to take a view, and in a proper case to authorize an auditor to do so. Generally cases are to be heard and determined upon the evidence submitted in open court. But where the judge is of opinion that a view will tend to a better understanding and more satisfactory disposition of the case he may in his discretion authorize one to be taken. See Commonwealth v. Chance, 174 Mass. 245; Tully v. Fitchburg Railroad, 134 Mass. 499, 503.
The case was entered in June, 1900, and the plaintiffs duly
Judgment affirmed.