NORDBYE, Chief Judge.
This is a wrongful death action under the Federal Employers' Liability Act, 45 U.S.C.A. § 51 et seq. The decedent, William M. Haley, was, at the time of his death, a conductor of a train performing certain switching duties near the Falsen gravel pit in North Dakota. The main railroad track near this pit runs northwest and southeast and passes the Falsen pit on the south. There is an auxiliary track or siding which runs parallel to the main...
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