LEWIS, Circuit Judge.
The plaintiff owned and operated a grain elevator at Meckling, South Dakota, situated on defendant's right of way and near to its side track. There were other elevators, coal sheds and stockyards along this track. While switching cars on to the side track for the stockyards on the night of December 23, 1920, one of them was derailed, pushed against the elevator and wrecked it. For this plaintiff sued to recover damages. The court directed a verdict...
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