KIRKPATRICK, District Judge.
In this action, brought to recover damages for injuries sustained as a result of the plaintiff's having been struck by the defendant's automobile while crossing a street, the jury returned a verdict for the defendant.
As a result of the deaths, before the trial, of both the defendant and the only eyewitness and of the plaintiff's consequent incompetence to testify, the only evidence of what occurred consists of a statement made...
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