Mercurio v. BURRILLVILLE RACING ASSN.

This is an action of trespass on the case for negligence which was tried to a jury in the superior court. The case is here on the plaintiff’s exception to the trial justice’s decision directing a verdict for the defendant. Certain other exceptions are set out in the bill of exceptions but since the plaintiff has not briefed and argued them they are deemed to be waived. Williamson v. Williamson, 90 R. I. 233.

According to the pre-trial order plaintiff was a paying patron at defendant’s Lincoln Downs Race Track on March 17, 1959 and it was agreed therein by the parties that he was a business…