The action is one to recover damages for personal injuries arising out of a collision between two horses on the Altamont track. On September 2, 1948, the plaintiff, driving a horse named Grand Abbey with a sulky, entered the Altamont race track through a gate. After walking the horse about 200 feet along the outer railing plaintiff was struck from behind by a horse owned by defendant McBain and driven by defendant Deyo, as a result of which plaintiff sustained personal injuries...
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