FINDINGS OF FACT, CONCLUSIONS OF LAW, OPINION AND ORDER
DONALD RUSSELL, District Judge.
This is an action, instituted by the plaintiff railroad, to recover damages sustained by its locomotive as a result of a crossing collision between such locomotive and a truck belonging to the corporate defendant (hereinafter called Coastal) and driven by the latter's employee Hill.
Both Hill and Coastal answered and counterclaimed.
On the day before trial...
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