DIETRICH, Circuit Judge.
The appellee, as administratrix, recovered judgment for $4,500 against appellant for the death of Frank P. Kane, who was struck and killed by one of appellant's west-bound passenger trains at Alcazar, Mont., on September 15, 1928. By the assignments and briefs three general questions are submitted for our consideration: (1) Were Kane's relations to appellant and the conditions at the time of the accident such as to bring the case within the...
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