McILVAINE, District Judge.
The plaintiff here was injured when he fell from a moving train and the wheels of several cars passed over his leg which subsequently had to be amputated above the knee.
At the trial the plaintiff proceeded under the Boiler Inspection Act provision of the Safety Appliance Act, 45 U.S.C.A. § 22 et seq., as well as under the theory of negligence under the Federal Employers' Liability Act, 45 U.S.C.A. § 51 et seq.
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