BORAH, Circuit Judge.
This is an action for damages filed in the state court by appellant, C. A. Thomas, against the appellee, Atlantic Coast Line Railroad Company. The case was removed to the federal court, and on motion of the defendant in the court below the action was dismissed and plaintiff has appealed.
The facts disclosed by the pleadings, which are material for consideration on this appeal are substantially as follows:
That on the afternoon...
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