5 Mass. App. Ct. 840 | Mass. App. Ct. | 1977
This case was tried before a master, who filed a report and a supplemental report. These were adopted, and judgment was entered for the defendants. The plaintiffs have appealed. There was no error. 1. The order of recommittal for additional findings was within the discretion of the judge who entered it (see the last sentence of Mass.R.Civ.P. 53 [e] [2], as amended, 367 Mass. 917 [1975]), and may well have been mandatory because of the incompleteness of the master’s original findings in the areas to which the order was addressed (compare Ullian v. Cullen, 3 Mass. App. Ct. 159, 162-165 [1975]). 2. In so far as the plaintiffs’ motion for further recommital was based on their objection to the master’s refusal to hear additional evidence at the hearing on recommittal, the motion was properly denied because the taking of evidence was not within the terms of the order of recommittal under which the master was acting. Stevens v. Rockport Granite Co. 216 Mass. 486, 494 (1914). Nor were the plaintiffs entitled to further recommittal for the purpose of obtaining summaries of the proceedings relating to the approximately 260 evidentiary objections made by the plaintiffs during the original trial before the master, for the reason that the unusual amendment to the order of reference, whereby the master was directed to report the evidence, rendered such summaries unnecessary (see Morin v. Clark, 296 Mass. 479, 483 [1937]), and for
Judgment affirmed.