Spiegel v. Grande

This is an action of the case in assumpsit.

The case was heard before a justice of the Superior Court sitting with a jury and resulted in a verdict for the plaintiff. The defendant duly filed his motion for a new trial which was denied by said justice. The case is before us upon the defendant’s exception to the decision upon the motion for new trial, and upon certain exceptions taken to the charge of the justice to the jury.

The exceptions to the charge have not been pressed by the defendant. They are not waived, however. It appears from the transcript that those portions of the charge,- to…