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  5. 95 Cal.App.2d 896 (1950)
 

KNOX v. ATCHISON, T. & S.F. RY. CO.

Docket No. 17179.

95 Cal.App.2d 896 (1950)

214 P.2d 589

THOMAS W. KNOX, Appellant, v. THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY (a Corporation), Respondent.

Court of Appeals of California, Second District, Division Two.

February 6, 1950.

Attorney(s) appearing for the Case

Hildebrand, Bills & McLeod and John M. Ennis for Appellant.

Jennings & Belcher, Leo E. Sievert, Robert W. Walker and Louis E. Kearney for Respondent.

MOORE, P.J.

Plaintiff appeals from the order granting a nonsuit (Code Civ. Proc., § 581c; Nicholson v. Henderson, 25 Cal.2d 375, 378 [153 P.2d 945]) and from the order made after the nonsuit was granted denying his motion "for leave to amend the complaint to conform to proof by adding an allegation of general negligence."

PLEADINGS AND PROOF

[1] The complaint alleges that this action was brought "under and by virtue...

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