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This section contains the nature of the case and procedural background.

Two automobiles, one owned by Cambria (P) and operated by his servant, and the other owned by Jeffery (D) collided. D sued in District Court, and it was determined that both parties were negligent and as such judgment was rendered in favor of P because the trial judge found that D was contributorily negligent. P then sued D for negligence, and the jury found for P, but the judge entered a verdict for D in that the prior judgment had found both to be negligent.

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