Abbenante v. Giampietro

This is an action of trespass and ejectment which was tried in the superior court without a jury, and at the conclusion of the evidence for the plaintiffs defendant moved that the court render a decision in his favor as a matter of law. Thereupon plaintiffs made a similar motion in their own behalf. No objection being made to this method of obtaining a decision on the merits the trial justice denied plaintiffs’ motion and granted that of the defendant. The case is here on plaintiffs’ exceptions to his rulings on the motions for decision.

The trial justice decided against the plaintiffs on the…