SIMPSON, Justice.
Plaintiff filed suit in this case claiming damages under the Federal Employers' Liability Act, 45 U.S.C.A. § 51 et seq., for injuries sustained while in the performance of his duties as a flagman and in the employment of defendant. The case was tried on Counts 1 and 2 of the amended complaint.
In Count 1 it is alleged that appellee's injuries were the "proximate result, in whole or in part, of the negligence of the officers, agents,...
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