Wood v. New England Transportation Co.

This is an action of trespass on the case for negligence which was tried in the superior court to a jury and resulted in a verdict of $2,500 for the plaintiff. Thereafter defendant filed a motion for a new trial on the usual grounds. The trial justice sustained the motion on the ground that the damages were grossly excessive and granted a new trial unless the plaintiff remitted all of the verdict in excess of $800. The plaintiff declined to file such remittitur and excepted to the trial justice’s decision. The case is here solely on that exception.

It appears from the record that on December…