Privitera v. Battye

This is a petition to establish the defendant's draft report which was “disallowed” by the trial justice on the grounds, inter alia, that no requests for rulings of law were filed by the defendant.

In the draft report at issue, the defendant charges the trial court with error in entering a finding for the plaintiff husband and wife unsupported by the evidence and in awarding damages excessive as a matter of law. The defendant neglected, however, to file Dist./Mun. Cts. R. Civ. P., Rule 64(b) requests for rulings of law to test the sufficiency of the evidence to permit a general finding for the…