Wilbur v. Gross

This is an action of trespass for injuries sustained by the plaintiff when bitten by a dog harbored by the defendant. There was no proof of scienter and on that ground the defendant, at the close of the testimony, made a motion that a verdict be directed in his favor. This motion was denied by the trial court and his exception noted. The jury returned a verdict of $1,000 in favor of the plaintiff. The defendant thereafter duly moved for a new trial on the grounds that the verdict was.against the law, that it was against the evidence, and that the damages were excessive. The trial justice…