HUNT, Circuit Judge.
In April, 1922, Nichols, defendant in error, brought action against the railway company, plaintiff in error, to recover damages for the death of his wife while a passenger on a train of the railway company. The defendant answered, denying negligence, and a jury having been waived by stipulation of the parties, the court made findings to the effect that the allegations of the complaint and the amendment thereto were true, except as to the
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