RIDDICK, Circuit Judge.
On February 27, 1951, the appellee, a physician and surgeon of Des Moines, Iowa, was a passenger on one of appellant's passenger trains en route from Des Moines, Iowa, to Rock Island, Illinois, occupying a front seat in one of the coaches of the train. About an hour after the train had left Des Moines, a dining car attendant appeared in the coach in which the appellee was sitting carrying a metal basket or tray containing sandwiches and other...
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