FOSTER, Circuit Judge.
This was a suit to recover damages for personal injuries suffered by defendant in error. The accident occurred in the city of Galveston at about 10 o'clock p. m., at the end of Twenty-Fifth street. It is in evidence that said street terminates at the harbor opposite the Mallory Dock, and the intervening space is occupied by tracks owned by plaintiff in error, over which freight cars are frequently switched day and night. During the day the public...
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