MR. JUSTICE CLARKE delivered the opinion of the court.
Fred J. Huxoll, a locomotive engineer in the employ of the plaintiff in error, was run down by a switching engine, about 11 o'clock in the morning, in a switching yard of the company at a division point in Nebraska, and subsequently died of the injuries which he received.
The weather was very cold, with a high wind blowing and a cloud of steam and smoke, from engines standing nearby the scene of the accident...
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