Providence Stock Co. v. Adelphia Hotel Co.

DICKINSON, District Judge.

Counsel for defendant now presses upon our attention only two reasons for a new trial:

1. The court instructed the jury that the defendant was liable only for the lack of ordinary care of the property of the plaintiff. This reduced the responsibility of the defendant to the legal minimum, if the defendant is to be regarded as a caretaker. Counsel for defendam complain of this and assert that the trial judge should have instructed the jury that the defendant was answerable only for gross negligence. The distinction when applied to a caretaker is not altogether clear,…