KIRKPATRICK, Chief Judge.
In this case the plaintiff, a freight conductor, recovered a verdict for personal injuries under the Federal Employers' Liability Act, 45 U.S.C.A. § 51 et seq. The plaintiff's case, as presented to the jury, was entirely based upon the alleged failure of the defendant to furnish a safe place to work.
The yardmaster's office in the defendant's freight yard was on a small hillock near the tracks. The plaintiff, having brought his...
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