Whitworth v. United Electric Railways Co.

The action is trespass on the case for negligence to recover for personal injuries received by plaintiff in alighting from a trolley car. There have been two trials of this action: the first in 1922 resulted in a verdict for plaintiff for $750, the second in 1926, in a verdict for $2,750. In each case the trial justice, on motion of defendant, granted a new trial. The case is here on plaintiff’s bill of exceptions.

The only exception is to the action of the trial justice in granting a new trial after the second verdict of the jury.

On September 9, 1921, about eight a. m., plaintiff became a…