Osler v. Walton

The opinion of the court was delivered by

Collins, J.

The plaintiff recovered a verdict for $750 for an assault and battery upon him by the defendant. On this rule to show cause why such verdict should not be set aside and a new trial granted only two of the reasons filed were presented in argument, namety, that the trial justice, notwithstanding the defendant’s request, failed to instruct the jury that they might take into consideration, in mitigation of compensatory damages, such provocation for the assault as was proved, and that excessive damages were awarded by the jury.

The circumstances…