Armstrong v. Polaski

In this civil action the plaintiff seeks damages for personal injuries and loss of earning capacity sustained as a result of a collision between a motorcycle operated by him and an automobile owned and allegedly operated negligently by the defendant. A Superior Court jury returned a verdict for the defendant and the case is now here on the plaintiff’s appeal. His assignments of error are to the trial justice’s refusal to instruct the jury-in accordance with his requests.

At the outset there is a procedural question. It arises because plaintiff originally ordered and filed only so much of the…