OPINION
KELLEHER, Justice.
This suit was commenced in July 1964 as an action for trespass on the case for negligence. It was tried in October 1968 before a justice of the Superior Court sitting without a jury as a civil action under the court's new rules of civil procedure. The trial justice found for the plaintiff and awarded him $1,386.60. Thereafter, the defendant's motion for a new trial was denied and the instituted this appeal.
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