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This section contains the nature of the case and procedural background.

The Town of Townshend (D) had a duty to maintain its highways to prevent injury to its citizens. Harding (P) was injured due to one of D's highways. P's insurance paid for some of the injuries ($123). After a motion by D, the court ruled that the damages owed P by D should be reduced by the amount that P had already received from its insurance. The only issue to be decided at trial was the amount of damages owed. The court reduced the amount by $123, and P received damages of $1,913.31. P appealed.

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