Daniels v. Yanyar

This is an action of trespass for assault and batteiy. In the superior court a jury returned a verdict for the plaintiff in the sum of $1,500. The trial justice denied defendant’s motion for a new trial unconditionally, but found that the damages were excessive and granted a new trial unless plaintiff remitted all of the verdict in excess of $1,000. Such remittitur was filed and defendant has prosecuted to this court his bill of exceptions to the refusal to grant a new trial unconditionally and to certain evidentiary rulings during the trial.

The evidence discloses that plaintiff and…