GARDNER, Circuit Judge.
This is an appeal from a judgment against appellant in an action brought by appellee to recover damages under the Federal Employers' Liability Act, 45 U.S. C.A. § 51 et seq. We shall refer to the parties as they were designated in the trial court. It is alleged in plaintiff's complaint that on July 2, 1944, while he was in the performance of his duty as a car worker for defendant, assisting in the closing of a car door on a car of defendant...
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