PARKINSON, Circuit Judge.
This action under the Federal Employers' Liability Act, 45 U.S.C.A. § 51 et seq., arose out of plaintiff's injury on May 17, 1954.
Trial was to a jury resulting in a $75,000 verdict for the plaintiff. Defendant's motion for judgment n. o. v. and/or a new trial was denied and this appeal followed.
The plaintiff was a member of defendant's track crew engaged in placing fresh ballast under the ties and track of the defendant...
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