Pizza v. O'Malley

This is an action of trespass on the case for negligence. The action was tried before a justice of the superior court sitting with a jury and resulted in a verdict for the plaintiff for $400. The defendant .then filed a motion for a new trial, which was denied. The case is before this court on the defendant’s exceptions to the denial by the trial justice of his motions for a directed verdict and for a new trial, all other exceptions being expressly waived.

The accident happened on Branch avenue, in the city of Providence, at or about 6:30 p. m., on the evening of November 27, 1935. The highway…