The constitutional objection to the use of a referee's report as evidence in a jury trial, under the referee law of 1874, c. 97, s. 13, was waived, when the referee was appointed by consent of the parties.
ALLEN, J.
The defendant, by assenting to the reference, waived the exception now taken. Deverson v. Eastern Railroad, ante, p. 129; Smith v. Fellows, ante, p. 169.
Judgment on the verdict.
STANLEY, BINGHAM, and CLARK, JJ., did not sit.