Order entered May 5, 1960, denying defendant-appellant's motion to dismiss the complaint, reversed on the law, with $20 costs and disbursements to the appellant and motion to dismiss the complaint granted, with $10 costs.
The complaint in the original action and the basis on which that action was tried contemplated a recovery not only on common-law negligence but also on statutory grounds. The plaintiff in that complaint alleged that the inflammable and combustible...
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