Rustigian v. Molloy

This is an action of trespass on the case for negligence brought by the plaintiff to recover for personal injuries and property damage allegedly sustained when the automobile she was driving was struck by an automobile driven by the defendant. The case was tried in the superior court before a justice thereof sitting with a jury and resulted in a verdict for the defendant. Thereafter the trial justice granted the plaintiff’s motion for a new trial and the case is before this court on the defendant’s single exception thereto.

During the noon hour on March 4, 1959 plaintiff, a widow sixty-three…