PORTERIE, District Judge.
In the absence of a transcribed note of evidence, a statement of facts in this case is omitted. We have read both briefs twice, attentively, and have read all cited cases in each.
None of the allegations of the answer of the defendant is considered except the admissions (a) that John Pittman was killed on November 29, 1939, by the passenger train in question (Art. 3), and (b) that the engine of the train was equipped with a powerful...
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