It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by granting that part of the motion with respect to the second cause of action and dismissing that cause of action and as modified the order is affirmed without costs.
Memorandum:
Plaintiff commenced this action to recover damages for injuries he sustained when he fell from a trailer on a railroad car as he was preparing the trailer for unloading...
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