McILVAINE, District Judge.
In this case the plaintiff brought suit against the defendant railroad to recover damages he suffered as a result of injuries sustained by him while employed on said railroad on February 16, 1953, as a car inspector. On that day there was a derailment. The plaintiff was injured while inspecting a derailed car when a rail sprung on which a crew of men were working. The rail struck the plaintiff's right foot, knocking him to the ground.
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