MAHONEY, District Judge.
This cause came on to be heard on demurrer to the third amended declaration.
The declaration contains five counts. The first count involves the doctrine of res ipsa loquitur, and reasons for its alleged validity and defects have been urgently presented by counsel in oral arguments and in briefs. It contains the allegation that: "The defendant, through its agents and servants, was in sole and exclusive control and management of said...
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