Supreme Court of United States.
MR. JUSTICE SHIRAS, after stating the case, delivered the opinion of the court.
At the close of the evidence the plaintiff moved the court to give the following instruction:
"In this case there is no evidence that the defendant, the Northern Pacific Railroad Company, was guilty of any negligence which caused the accident by which plaintiff was injured, or which contributed thereto, and that if there was any negligence it was that of the engineer and conductor...
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