McLAUGHLIN, Circuit Judge.
This is an appeal from an order denying a new trial to the defendant in a Federal Employer's Liability Act, 45 U.S.C.A. § 51 et seq., case which had resulted in a judgment in favor of the plaintiff.
The accident which is the basis of the action happened about three A.M. June 22, 1945 at the Lewistown, Pennsylvania engine house of the appellant. Neff, about fifty-seven years old at the time, was employed as a laborer by the railroad...
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