GARDNER, Chief Judge.
This action was brought by appellant Gordon Byler against Appellee Wabash Railroad Company under Section 11, Title 45 U.S.C.A., to recover damages for personal injuries. The parties will be referred to as they appeared in the trial court.
Plaintiff alleged, so far as here material, that at and prior to August 17, 1949, he was in the employ of the defendant as a switchman, and that at the time in the complaint mentioned he and the defendant...
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