Reversed and remanded.
Mr. JUSTICE SULLIVAN delivered the opinion of the court:
Plaintiff appeals from the denial of the court below to reconsider the striking of Count II of his complaint; the denial for leave to refile Count II and the denial of his post-trial motion asking for a new trial based upon the court's refusal to allow plaintiff to proceed under Count II of his complaint.
On September 3, 1966, in Madisonville, Kentucky, plaintiff, while...
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