McILVAINE, District Judge.
In this case the plaintiff brought suit against the defendant railroad to recover for damages he suffered as a result of injuries sustained by him while employed on said railroad on March 10, 1954, as a flagman. On that date plaintiff was riding in the cupola of a cabin car attached to a freight movement, and while the train was descending a grade the cabin car was jerked causing the plaintiff to strike his head against a window glass. Subsequently...
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