Nagle v. Cohn

• Decision Date: 29 May 1907
• Citation: 67 A. 419
• Parties: NAGLE v. COHN.
• Court: Rhode Island Supreme Court

67 A. 419

NAGLE

v. COHN.

Supreme Court of Rhode Island.

May 29, 1907.

Exceptions from Superior Court, Providence County.

Action by Loretta Nagle, pro ami, against Jacob Cohn. Verdict for plaintiff. Defendant brings exceptions. Exceptions sustained, and case remitted, with directions.

Cooney & Cahill, for plaintiff. James A. Williams, for defendant

PER CURIAM. There was sufficient evidence to justify the jury in finding that the defendant assaulted the plaintiff; but, as the injuries inflicted were neither permanent nor grave, compensatory damages for the same could not be large, and the balance of the verdict necessarily must have been awarded as punitive damages. In our opinion the damages awarded are excessive, and for that reason a new trial will be granted unless the plaintiff, within 10 days hereafter, shall remit the sum of $250 of the verdict recovered by her against the defendant.

The case is therefore remitted to the superior court, with direction to enter judgment on the verdict for the sum of $350 in case of such remission, or for a new trial if the plaintiff shall not so remit.