Ferla v. Rotella
| Decision Date | 18 May 1961 |
| Docket Number | No. 10197,10197 |
| Citation | 92 R.I. 463,170 A.2d 622 |
| Parties | Vincent FERLA v. Ernest ROTELLA. Ex. |
| Court | Rhode Island Supreme Court |
On show cause.
Zietz & Sonkin, James Radin, Providence, for plaintiff.
Grande & Grande, Aram K. Berberian, Providence, for defendant.
In the above-entitled case, pursuant to our opinion heretofore filed, 169 A.2d 906, the plaintiff through his attorney appeared to show cause why the case should not be remitted to the superior court with direction to enter judgment for the defendant. At that time he presented reasons orally in support of his contention that the trial justice's decision should not be disturbed, and later by leave of court he also filed a brief.
After careful consideration of the argument and brief, we are of the opinion that the plaintiff has failed to show cause why our conclusions should be changed. Therefore the case is remitted to the superior court for entry of judgment for the defendant as directed in the opinion.
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Cofone v. Narragansett Racing Ass'n
...evidence clearly irrelevant to the case as pleaded had been admitted without objection. Ferla v. Rotella, 92 R.I. 460, 169 A.2d 906, 170 A.2d 622. That principle, however, no longer controls. It has been negated by rule 15(b) of the new rules which, in pertinent part, provides that issues t......
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Mello v. Coy Real Estate Co.
...when the issue was raised for the first time on appeal to us. We so ruled in Ferla v. Rotella, 92 R.I. 460, 463, 169 A.2d 906, 170 A.2d 622. There appear, however, in the instant record, certain facts which bring this case outside the scope of our holding in Prior to the actual trial of thi......