CHAPMAN, Justice.
Involved on this appeal is the question of whether or not plaintiff-appellant's amended complaint (declaration) states a cause of action. The Court below held that it did not and, accordingly, entered a final judgment on motion to dismiss for the defendant-appellee, and plaintiff appealed. Pertinent allegations of the amended complaint are as follows:
"2. On or about March 29th, 1950, at about 6:25 o'clock, p.m., the plaintiff was a lawful...
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