Carmara v. Rodrigues

This action of trespass for assault and battery was tried in the superior court before a jury and resulted in a verdict for the plaintiff in the sum of $2000. Defendant’s motion for a new trial was granted by the trial justice unless the plaintiff remitted all of the verdict in excess of $1400. A remittitur was duly filed and the defendant has prosecuted his bill of exceptions to this court.

The assault occurred about midnight of July 7, 1944. The plaintiff, a member of the Independent Portuguese Club and Band, went to the clubroom of this organization in the town of Bristol about 10 p.m., and…