SOBELOFF, Chief Judge.
Plaintiff, a railroad employee, suffered a back injury on December 29, 1956, in stepping from a train onto a lump of coal, but returned to work on January 1, 1957. On the latter date, while trying to "throw" a track switch, which was unusually difficult to move, he felt an intense back pain and was taken to a hospital.
A complaint was filed under the Federal Employer's Liability Act, 45 U.S. C.A. Sec. 51 et seq., alleging the negligent...
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