Bernat v. DeGasparre

This is an action of trespass on the case for negligence which was tried to a jury in the superior court and resulted in a verdict for the plaintiff in the sum of $9,000. Thereafter the defendant moved for a new trial on the ground among others that the verdict was grossly excessive. The trial justice granted the motion unless the plaintiff would remit all of the damages awarded in excess of $6,000. The plaintiff duly filed such remittitur and the defendant thereupon excepted to such ruling. The case is here on his bill of exceptions containing that exception and two others taken during the…