Cartier v. Liberty Laundry, Inc.
| Decision Date | 09 December 1927 |
| Docket Number | No. 6436.,6436. |
| Citation | 139 A. 473 |
| Parties | CARTIER v. LIBERTY LAUNDRY, Inc. |
| Court | Rhode Island Supreme Court |
Exceptions from Superior Court, Providence and Bristol Counties; Arthur P. Sumner, Judge.
Action by Isabel W. Cartier against the Liberty Laundry, Inc. Verdict for plaintiff. Defendant's motion for new trial was granted, unless plaintiff remitted part of verdict, and plaintiff excepts. Exceptions sustained. Case remitted conditionally.
Quinn, Kernan & Quinn, of Providence, for plaintiff.
Henshaw, Lindemuth & Baker, of Providence, for defendant.
This is an action of trespass on the case, in which the plaintiff is seeking to recover damages for personal injuries alleged to have been caused by the negligence of the defendant's servant in the operation of the defendant's automobile. The case was tried before a justice of the superior court sitting with a jury, resulting in a verdict for the plaintiff for $1,600. The defendant duly filed a motion for new trial. The justice rendered a decision granting the defendant's motion, unless the plaintiff should remit all of the verdict in excess of $500. The plaintiff excepted to the decision of the justice, and has pressed that exception before us.
There was testimony which would warrant a finding that the plaintiff was injured in a collision between an automobile in which she was riding and that driven by the defendant's servant; that she was severely cut by falling glass and received a number of contusions upon her body, shoulders, arms, and hips, requiring the attendance of a physician; that these injuries still affect her ability to sleep on her right side, and restrict the movement of her right arm and shoulder. In addition to these injuries, there was testimony that as a result of the accident the plaintiff now has a functional disorder of the heart, known as tachycardia, due to a condition of the nervous system; that this disorder of the heart will probably recur at intervals during the rest of her life; that it is very painful to the plaintiff during the periods of its recurrent attacks.
In his decision the justice says that, although the plaintiff may have had the painful functional heart attacks testified to by her and her physician, he "is not satisfied that it exists to day, or that she has been very seriously inconvenienced by it." In passing upon a motion for new trial in such a case as that at bar, the justice who presided at the jury trial must exercise his independent...
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Kelaghan v. Roberts, 79-64-A
...different problems from those encountered when the issues are liability or damages for out-of-pocket expenses. Cartier v. Liberty Laundry, Inc., 49 R.I. 12, 139 A. 473 (1927). In the latter instances we look to the record to ascertain for ourselves whether there is any competent evidence wh......
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Simon Chevrolet-Buick, Ltd. v. R.I. Dep't of Admin.
...from adequate compensation for the grievous wrongs suffered by plaintiff at the hands of the state's servants"; Cartier v. Liberty Laundry, 49 R.I. 12, 139 A. 473, 474 (1927) (increasing damages to compensate for the extent of the plaintiff's injuries). In the only other case provided by Si......
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Wood v. Paolino
...different problems from those encountered when the issues are liability or damages for out-of-pocket expenses. Cartier v. Liberty Laundry, Inc., 49 R.I. 12, 139 A. 473 (1927). In the latter instances we look to the record to ascertain for ourselves whether there is any competent evidence wh......
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Harris v. Zee
...have the power to fix the amounts of remittiturs, and I would take the opportunity to do so in this case. See Cartier v. Liberty Laundry, Inc., 49 R.I. 12, 139 A. 473 (1927). It would be my judgment based on the evidence in the record that the remittitur should be fixed in the sum of $5,000......