GARDNER, Circuit Judge.
This is an appeal from a judgment in favor of appellee in an action brought under the Federal Employers' Liability Act, 45 U.S.C.A. § 51 et seq., to recover damages for the death of Ray P. McGivern, a switchman, who received injuries resulting in his subsequent death while in the employ of appellee in its switch yards at Staples, Minnesota. It will be convenient to refer to the parties as they were designated in the lower court.
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