ADAIR, Chief Justice.
Appeal from a judgment on the pleadings given and entered for the defendant railway company in a tort action brought against it and one C.L. Buettner by the plaintiff Paul Amann, wherein he seeks to recover both actual and exemplary damages for injuries sustained by plaintiff in a fight with Buettner occurring on December 1, 1948, at a time when plaintiff was shop foreman and Buettner a repairman in the defendant Northern Pacific Railway Company...
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