HASTIE, Circuit Judge.
The judgment from which this appeal has been taken was rendered pursuant to a jury's answer to one of several interrogatories submitted to it in the trial of an action for personal injuries by a railroad brakeman against his employer. It is the theory of the claim that the carrier has used an unsafe locomotive in violation of Section 23 of Title 45 of the United States Code Annotated, a provision of the Boiler Inspection Act.
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