CLARY, District Judge.
Plaintiff, 58 years of age, a railroad engineer for some 35 years, sued his employer the Pennsylvania Railroad Company for injuries sustained early in the morning of June 10, 1947, at Lockhaven, Pennsylvania. Early that morning at about 2:40 a. m. plaintiff, after filling the tank of his tender with water, walked over the top of the tender toward the rear ladder for the purpose of descending to the ground. A foreign object alleged to be a piece...
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