Judgment dismissing the complaint, unanimously reversed, on the law, and the matter remanded in the exercise of discretion to the Trial Justice for the purpose of reopening the case and the taking of such other testimony or proof as the parties may desire to offer, and upon the close of the entire case to make findings of fact and conclusions of law, and to declare the rights of the parties as of the time of the conclusion of the trial, with $50 costs and disbursements to...
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