KENNEDY, District Judge.
When this case appeared upon the trial calendar both counsel called my attention to the fact that the pleadings raised a serious question whether the Federal Employers' Liability Act, 45 U.S.C.A. § 51 et seq., or the Safety Appliance Act, 45 U.S.C.A. § 1 et seq. (upon which statutes plaintiff's claim is based) could properly be invoked by plaintiff even if defendant's negligence were proved, or an unsafe appliance caused plaintiff...
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