Ordered that the appeal from the order dated December 11, 2002, is dismissed, as that order was superseded by so much of the order dated September 17, 2003, as was made upon reargument; and it is further,
Ordered that the order dated September 17, 2003, is affirmed insofar as appealed from; and it is further,
Ordered that one bill of costs is awarded to the defendant.
The plaintiff was injured when he was struck by an oncoming train. At the time of...
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