SIMONS, Circuit Judge.
This case involves determination of the proximate cause of an injury to a railway brakeman which followed the failure of a safety appliance. The suit was brought under the Safety Appliance Act (45 USCA § 1 et seq.) and the Employers' Liability Act (45 USCA §§ 51-59), and from a judgment in favor of the plaintiff below the defendant railroad appeals; the specific error assigned being the refusal of the court below to grant a peremptory...
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