SANBORN, Circuit Judge.
On October 24, 1932, at about half past four in the morning, at Carroll, Iowa, Paul C. Kelly, the appellee (plaintiff), a brakeman in the employ of the appellant (defendant), was injured when the wheels of a tank car ran over his left leg, requiring its amputation 8 or 9 inches below the knee. The car was included in a freight train moving in interstate commerce, and was the fourth car behind the locomotive. The train left Council Bluffs, Iowa...
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