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

This was a negligence action, and the verdict went to D but the judge set it aside as it was against the weight of the evidence. The issue was whether P was present in the car when D negligently struck it. D testified that P was actually across the street and that was supported by one witness. P testified that she was in the car and that was supported by two witnesses and a physician who examined her and found injuries on her body consistent with P's description of the event. The judge set the verdict aside and order a new trial and D appealed.

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