GILLEN, P. J.
Plaintiff, appellant herein, John W. Freeman, and defendant, appellee herein, New York Central Railroad Company, will be referred to herein as plaintiff and defendant in the same manner as they appeared in the court below. The action is one for damages for personal injuries sustained by plaintiff in a railway accident.
Plaintiff's petition, filed November 14, 1956, alleges, in part, that the defendant at all times therein set out was doing business...
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