COUNIHAN, J.
This is an action of tort for personal injuries sustained by the plaintiff on February 27, 1946, while in the employ of the defendants. The declaration was in two counts, but the first count which set forth a cause of action at common law was waived at the trial. The second count was based upon the Federal employers' liability act. U.S.C. (1940 ed.) Title 45, §§ 51, 53, and 54. It was agreed at the pre-trial hearing that the plaintiff sustained...
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