GARDNER, Circuit Judge.
Appellant, as plaintiff below, brought this action to recover damages for personal injuries suffered by him as the result of being struck by a snowplow which was being operated by appellee at the head end of a locomotive. For convenience the parties will be referred to as they appeared below.
At the close of all the evidence, defendant interposed a motion that the case be dismissed on the merits, or, in the alternative, that the court...
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