BAKER, Justice.
This is an action of trespass vi et armis in which the defendant is alleged to have assaulted the plaintiff. After a trial in the superior court the jury returned a verdict for the plaintiff in the sum of $2,500. The trial justice granted the defendant's motion for a new trial unless within seven days the plaintiff filed a remittitur of all of the verdict in excess of $1,500. The plaintiff filed such a remittitur and thereafter the defendant...
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