OPINION
JOSLIN, Justice.
In this civil action a jury in the Superior Court returned a verdict of $25,000 for the plaintiff for personal injuries sustained by him when he tripped and fell because of an alleged defect in a public highway. Ten days subsequent to the entry of judgment the defendant filed in the office of the clerk of the Superior Court a motion for a new trial. The trial justice who presided at the trial in effect refused to hear or pass upon...
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