Gillogly v. New England Transportation Co.

This action of trespass on the case for negligence was tried in the superior court before a justice thereof sitting without a jury. He decided for the plaintiff and fixed the damages at $12,000. The case is before us on defendant’s exceptions under which it claims that the decision is against the law and the weight of the credible evidence; that the trial justice erred in the admission and exclusion of evidence; and that the damages are excessive.

The following facts are either undisputed or clearly established by the evidence. The plaintiff, air unmarried woman about fifty-three years of age,…