MOORMAN, Circuit Judge.
The defendant in error, Kerns, was employed by the Chesapeake & Ohio Railway Company at St. Albans, W. Va., as a car repairer. While so engaged on September 12, 1923, he was injured in attempting to get out from under a car on which he had been working. He sued the railway company and recovered damages. The question before us is whether the District Court should have directed a verdict for the defendant.
Kerns was working on a track...
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