FOSTER, Circuit Judge.
This is a suit arising under the provisions of the Federal Employers' Liability Act, 45 U.S.C.A. § 51 et seq. Jurisdiction is unquestioned. Appellant, W. Ballard, hereafter called plaintiff, was the engineer of one of defendant's trains, No. 46-S, on a trip from Pecos, Texas, to Roswell, New Mexico, designated in train orders as train Extra 1023 East, according to the number of the engine. At about 10:52 P. M. it collided with the caboose...
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