KIRKPATRICK, Chief Judge.
This is an action by the administratrix of Joe G. Irby to recover damages for his death. A critical issue in the case was whether at the time he was killed Irby was an employee of the Pennsylvania Railroad, so as to bring the case under the Federal Employers' Liability Act, 45 U.S.C.A. § 51 et seq. A separate trial of that issue was had and the jury, answering a written interrogatory, found that he was. The remaining issues were then...
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