BRYAN, Circuit Judge.
J. H. Sheely recovered judgment for personal injuries sustained by falling into a waste pit while he was employed by appellant as night engineer in its plant for creosoting lumber. He died pending this appeal, and his administratrix has been substituted as appellee.
The negligence alleged was the failure "to provide a safe and sound plank or other means for the plaintiff to go out over said waste pit and perform his duty" of raising a...
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