O'NEAL, J.
The parties will here after be referred to as they appeared in the lower court.
This action is founded upon the provisions of the Federal Employers' Liability Act, 45 U.S.C.A., § 51 et seq.
Upon the motion of the plaintiff below, the trial court instructed the jury that plaintiff had established liability of the defendant, thus leaving solely to the jury the question of whether the proof submitted established defendant's plea of contributory...
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