Owens v. Hagenbeck-Wallace Shows Co.

Baker, J,.

This is an action of assumpsit in which the plaintiffs seek to recover damages for the alleged breach by the defendant of a written contract entered into by the parties. The case was tried in the superior court to a jury, which returned a verdict for the plaintiffs for $4,500. The defendant filed in that court a motion for a new trial, which motion was granted by the trial justice, unless the plaintiffs should file a remittitur of so much of the verdict as was in excess of $4,000. The plaintiffs filed such remittitur, and the defendant then prosecuted to this court its bill of…