MAJOR, Circuit Judge.
Plaintiff's decedent was struck and killed by defendant's train on November 13, 1954. This action was for the recovery of damages sustained by plaintiff as a result of decedent's death, allegedly caused by the negligence of defendant while the decedent was in the exercise of due care and caution for his own safety. Judgment in the amount of $15,000 was awarded plaintiff. From this judgment defendant appeals.
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