Kane v. Burrillville Racing Assn.

This is an action of trespass on the case for negligence to recover for personal injuries sustained by the plaintiff while an invitee at defendant’s race track. A jury in the superior court returned a verdict for the plaintiff for $5000.- Defendant’s motion for a new trial was thereafter heard and denied on condition that the plaintiff remit all of the verdict in excess of $4000; otherwise a new trial was granted. The plaintiff duly filed such remittitur. The case is before us on defendant’s exceptions to the overruling of its demurrer to plaintiff’s declaration; to the admission of certain…