TIMMERMAN, District Judge.
The plaintiff, an employee of the defendant railroad company, brought this action under the Federal Employers' Liability Act, 45 U.S.C.A. § 51 et seq., to recover damages for personal injuries alleged to have been negligently caused by the defendant. The trial, which commenced in this Court November 11, 1947, resulted in a mistrial.
Upon the close of the evidence, the defendant moved the Court to instruct the jury to return...
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