Nichols v. New England Telephone & Telegraph Co.

This action of trespass on the case for negligence is before us on the plaintiff’s single exception to the granting of the defendant’s motion for a new trial. The case was tried before a justice of the Superior Court sitting with a jury and a verdict for $5,500 was returned in favor of the plaintiff. The defendant moved for a new trial on the grounds that the verdict was against the evidence and that it failed to do justice between the parties. This motion was granted by the trial justice.

The plaintiff claims to have been thrown to the ground and injured on January 9, 1934, by the caving-in…