BUFFINGTON, Circuit Judge.
The question involved in this case is whether the court should have given binding instructions for defendant. The testimony of plaintiff was that, as the railroad train neared his station, he rose, and, standing firmly on his feet, he took hold of the seat in front of him. While in that position, he attempted to get his brief case from the rack. He says there were then two violent lurches of the car — one forward, one backward. As...
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