McVICAR, District Judge.
This action is before the Court on defendant's motion for a new trial.
Defendant owns and operates a railroad between Pittsburgh and St. Louis. Between its Union Station at Pittsburgh and its Fourth Avenue Station is a tunnel. Plaintiff was an employee of the defendant as a trackman. On July 24, 1946, he was working in the tunnel, in which are located two tracks. As he was leaving the tunnel he was struck by a through passenger train...
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