MASON, Justice.
Plaintiff instituted this action at law seeking damages for injuries claimed to have been sustained as the result of two separate falls on an icy sidewalk used in common by defendant's tenants. He alleged in a single division of his petition that due to defendant's negligence he had fallen on defendant's sidewalk in February 1964 and again in January 1965 and on each occasion suffered injuries to his spine.
Defendant asserted plaintiff was...
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