Dyson v. Rhode Island Company

This is an action on the case for negligence.

In the Common Pleas Division the defendant, by its counsel in open court, submitted to a default and then moved that damages be assessed by the court. The defendant’s motion was denied and a jury was empanelled therefor and found damages for the plaintiff in the sum of $2,250. To the refusal of the court to assess the damages without the intervention of a jury the defendant seasonably excepted, and the case is now before us on its petition for a new trial grounded on the alleged error of this ruling, and also upon the ground that the damages…