SCHNACKENBERG, Circuit Judge.
In his complaint filed in the District Court, plaintiff alleged, in count I, inter alia, that on January 14, 1953, while employed as a brakeman for the defendant The Grand Trunk Western R. R. Co. (hereinafter referred to as Grand Trunk), he was injured while riding on engine 7921, as it was being operated at or near the junction of track 33 and one of the lead tracks to said track 33 at the south end of the out-freight yard of Chicago...
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