SWYGERT, Chief Judge.
1. This action is for damages for alleged personal injury to plaintiff claimed to have arisen out of an automobile accident which occurred September 30, 1955 at about 1:30 o'clock a. m. on U. S. Highway 31 a few miles south of the City of Peru in Miami County, Indiana, where it is claimed that an automobile driven by defendant Harvey M. Haynes, in which plaintiff Richard A. James was riding, collided with a gravel truck driven by an employee...
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