CAVANAUGH, Judge.
This is an action brought by the plaintiff against the defendant under the Federal Employers' Liability Act, 45 U.S.C.A. paragraph 51 et seq., to recover damages for injuries to his back by reason of a lumbosacral strain which he claims to have suffered when attempting to extract a spike from a cross tie preparatory to re-laying a steel rail in a track which defendant was engaged in building.
The plaintiff alleges that on June 9, 1953, that...
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