Gilfoil v. Fishbein

This is an action of trespass on the case for negligence to recover for personal injuries suffered by the plaintiff as a result of the defendant’s alleged negligent operation and control of his automobile. In the superior court a jury rendered a verdict for the plaintiff in the sum of $441. Subsequently the defendant’s motion for a new trial was granted by the trial justice on the ground of excessive damages, unless the plaintiff remitted all of the verdict in excess of $325 within five days. The plaintiff duly filed such remittitur; and the case is before us on the defendant’s exceptions to…