AUGUSTUS N. HAND, Circuit Judge.
This appeal involves the legal effect of a rule of the defendant railroad company which provided that:
"When a train stops under circumstances in which it may be overtaken by another train, the flagman must go back immediately with flagman's signals a sufficient distance to insure full protection, immediately placing and leaving two torpedoes on the rail, and when necessary, in addition, displaying lighted fuses. * * *
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