Gencarella v. Fyfe

WOODBURY, Circuit Judge.

This is an appeal by the plaintiff from a judgment entered on a verdict returned by a jury for the defendant in an action of trespass on the case brought originally in the Superior Court of the State of Rhode Island but removed by the defendant to the court below, there being the requisite diversity of citizenship and amount in controversy.

The case at bar is a run-of-the-mill automobile accident case in which recovery is sought for injuries suffered by a child when she was struck while crossing a street in the town of Westerly by an automobile owned and operated by the…