BENJAMIN C. DAWKINS, District Judge.
This suit was for damages under the Federal Employers' Liability Act, § 1, 45 U.S.C.A. § 51, alleging that plaintiff was thrown from a freight car on which he was working as a switchman, and seriously injured. The claim was that the engineer negligently applied the power to the train of some thirty-nine cars in a manner causing it to jerk violently, throwing him to the ground. Specifically, the complaint alleged:
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