ST. SURE, District Judge.
On motion for new trial. Plaintiff contends that the court erred in finding that the defendant was not in exclusive control of the freight car at the time of the accident and that the doctrine of res ipsa loquitur was therefore inapplicable.
Plaintiff cites Metz v. Southern Pacific Co., 51 Cal.App.2d 260, 124 P.2d 670, 674, to the effect that the right of control is equivalent to exclusive control. In that case the defendant through...
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