McFetters v. Cardone

This is an action of trespass for assault and battery.

The case was tried before a justice of the Superior Court sitting with a jury and resulted in a verdict for the plaintiff for $500. The defendant duly filed his motion for new trial on the ground, among others, that the damages awarded were excessive. The justice decided that a new trial should be granted unless the plaintiff would remit all of the verdict in excess of $200. The plaintiff was unwilling to file such remittitur and the case is before us upon the plaintiff’s exception to the decision of the justice.

There was evidence before…