Ogden v. Rabinowitz

This is an action of trespass on the case. The declaration is in two counts, to which the defendant filed a plea of the general issue. The case was tried before a justice of the superior court, sitting with a jury, and resulted in a verdict for the defendant. It is before us on the plaintiff’s exceptions to portions of the charge of the trial justice, to certain rulings on evidence made by him in the course of the trial and his refusal to give to the jury certain instructions requested by the plaintiff.

The following facts are pertinent to the issues raised. On October 1, 1952 plaintiff and…