Order reversed, without costs; motion granted; and consolidation directed upon the following conditions: (1) the consolidated action shall retain the index and calendar numbers assigned to Action No. 1; (2) the plaintiffs in Action No. 1, which was first commenced, shall have the right to open and close on the trial of the consolidated action; and (3) in accordance with the proffered waiver by the defendant railroad of its right to introduce into evidence, in mitigation of...
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