MR. JUSTICE McREYNOLDS delivered the opinion of the court.
Relying upon the Federal Employers' Liability Act, plaintiff in error brought suit against the railway company in the District Court to recover damages for her husband's death, alleged to have resulted from the negligent and improper construction and maintenance of its tracks in too close proximity to each other.
At the conclusion of plaintiff's testimony, the trial court, finding "no evidence of negligence...
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