HICKS, Circuit Judge.
Appellant was a common carrier of passengers for hire by means of motorbusses. On July 27, 1930, appellee, a passenger, was on a journey on one of appellant's busses from Pittsburgh, Pa., to Youngstown, Ohio. The rear portion of the bus was double decked, and appellee occupied the front right-hand seat on the upper deck, next to the window. The bus left the Pittsburgh terminal at 5:10 p. m., and, when it had traveled about eighty-five miles,...
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