DREW, Chief Justice.
This is an appeal from a final judgment dismissing a second amended complaint without leave to amend. The pertinent allegations of the bill of complaint with reference to negligence are as follows:
"1. That on or about October 10, 1950, at approximately 5 p.m. the Defendant Herculano Pinero, Jr. was the owner and operator of a certain Cadillac motor vehicle which he was then and there operating in a Northerly direction on a certain public...
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