CLARK, Circuit Judge.
The question now before us on appeal arose at the end of the trial below. For that reason probably the argument thereon does not seem to have been addressed squarely to what we believe to be the issue. Possibly this oblique start affected the later presentation because we find in the briefs and argument here somewhat the same emphasis. The parties agree as to the facts. The plaintiff is the widow of a man who was run over and killed by the milk...
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