BOOTLE, District Judge.
On February 13, 1953 Charles McKinnon, while employed by H. M. Pafford, Jr., drove a dirt moving machine into the side of a train of the plaintiff, Georgia, Southern and Florida Railway Company, and in consequence was killed. This occurred at a temporary grade crossing over the track of petitioner established for the convenience of Pafford, a contractor who under contract with the Highway Department of the State of Georgia was building nearby...
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