MOORMAN, Circuit Judge.
This suit was brought under the Employers' Liability Act (45 USCA §§ 51-59; Comp. St. §§ 8657-8665) for injuries which defendant in error, the plaintiff below, sustained while working on the railroad tracks of plaintiff in error, the defendant below. The defense was that plaintiff was an employee of an independent contractor, the Dixon Construction & Repair Company, it being admitted that, if he was employed by the defendant...
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