WOLFE, Justice.
This action was brought under the Federal Employers' Liability Act, 45 U.S.C.A. § 51 et seq., hereinafter referred to as the F.E.L.A., by the administrator of the estate of Wendell O. Jorgensen to recover for the alleged wrongful death of Jorgensen occurring in the course of his employment as a brakeman for the defendant railroad company.
The case has been tried twice. At the first trial the jury returned a verdict of "no cause of action...
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