BRYAN, Circuit Judge.
This is an action against a railroad company for death by wrongful act. The negligence complained of was the starting of a train without warning.
George M. Witham, the deceased, was a caretaker of several cars of bananas, and as such it was his duty to go on top of the cars and raise or lower vents so as to keep the bananas at the proper temperature. His ticket required him to ride in the caboose while the train was in motion. The train...
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