DENMAN, Circuit Judge.
With a temerity which strains the indulgence extended to the ardor of losing counsel in their petitions for rehearing, the petition asserts: "There is no evidence in the record that on December 15, 1930, the girders were started in a series of successive transports back and forth between the town of Seligman and the railroad bridge."
There was evidence from which the jury could properly infer that the railway both contemplated
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