Raleigh v. Fitzpatrick

This is an action of trespass on the case which was tried to a jury in the superior court and resulted in a verdict for the plaintiff for $4000, the full amount allowed by the statute in a case of this kind. The defendant moved for a new trial on the grounds that the verdict was against the law, the evidence, the law and the evidence and the weight thereof, and also that the damages were excessive. The trial justice sustained the last ground and granted the motion, unless the plaintiff filed a remittitur of all damages over $2118, otherwise the motion was denied. The plaintiff filed such…