Ordered that the judgment is affirmed, with costs.
The plaintiff was a passenger in an automobile which was struck in the rear by a vehicle driven by the defendant. The defendant had taken his foot off the brake, and his vehicle rolled five feet forward into the plaintiff's vehicle. At the close of all of the evidence, the court granted the plaintiff's motion for judgment as a matter of law on the issue of liability. However, there was no damage to the defendant's...
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