DIETRICH, Circuit Judge.
In the forenoon of November 19, 1927, while working as a section hand in the repair of appellant's railroad track, appellee was caught underneath a falling tree and suffered severe injury. Appellant was engaged as a common carrier in interstate commerce, and hence in bringing this suit to recover damages appellee invoked the provisions of the Federal Employers' Liability Act (45 USCA §§ 51-59). The verdict was in his favor, and from...
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