McLEAN, District Judge.
This action was begun in the New York Supreme Court, Westchester County, and was removed by the defendant to this court. Plaintiff, a New York resident, seeks to recover from defendant, an Ohio corporation, damages for personal injuries, i. e., a fractured left kneecap, sustained by him when he tripped and fell over a jack handle in defendant's service station. For the most part the facts are not in dispute. I find them to be as follows:
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