Deming v. Venditti

This is an action of trespass on the case in which plaintiff filed a declaration containing two counts, one in case for negligence and the other in trespass for assault and battery. At the conclusion of the evidence in the trial before a justice of the superior court sitting with a jury, defendant moved for a direction of a verdict in his favor on both counts, and that motion was denied. Thereupon the- trial justice instructed the jury in the law applicable to the evidence as though the case presented by the pleadings was based solely on negligence. The jury returned a general verdict and…