Judgment reversed, in the exercise of discretion, and new trial ordered on the combined issues of liability and damages, with costs to abide the event.
In our opinion, under the circumstances of this case, the issue of liability, insofar as it involved the question of the use of excessive force by the police officer, accepted by the trial court and the litigants as a question in the case, and the issue of the injuries sustained and attributable to such excessive force...
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