BAKER, J.
This is an action of trespass to recover damages for assault and battery. In the superior court a jury returned a verdict for the plaintiff for $300. Thereafter the trial justice granted the defendant's motion for a new trial and from that decision the plaintiff duly prosecuted his bill of exceptions to this court.
It appears from the evidence that on January 25, 1951 about 7:30 p.m. plaintiff, who was accompanied by his wife, was operating his automobile...
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