Salcone v. Bottomley

This is an action of trespass on the case for negligence, which was tried before a justice of the superior court sitting without a jury and resulted in a decision for the plaintiff. The defendant duly excepted to such decision and has brought the case here solely on that exception.

He contends in support thereof, first, that the decision is against the weight of the evidence on the issue of plaintiff’s freedom from contributory negligence; and secondly, that the trial justice erred on the question of defendant’s negligence in that he placed undue weight on the evidence 11 tending to show that…