The view expressed by Scrutton L.J. that a case which has been partly heard by another judge and a jury should be tried de novo recognizes the importance that has traditionally been placed on the trier of fact, who sees and hears the witnesses, being the person to make the decision. That view continues to prevail even though the rules of evidence and the rules of court have changed substantially since Coleshill v. Manchester, supra. V. Positions of the parties
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