The opinion of the court was delivered by JAYNE, J.A.D.
The appendix submitted to us on this appeal is so undernourished that we are unable to preface our opinion by a disclosure of the allegations of the pleadings, the terms of the pretrial order, much less the factual circumstances to which the testimony related. The statement at the head of the plaintiff-respondent's brief informs us that the present litigation was occasioned by the occurrence on October 25, 1953...
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