MOORE, Justice.
We will refer to plaintiff in error as defendant or the railroad, and to defendant in error by name or as plaintiff.
Two claims were set forth in the complaint of plaintiff. The first arises under the Federal Employers' Liability Act (45 U.S.C.A. § 51 et seq.). No issues are presented in this court as to the second claim and we make no further reference to it.
Under the first claim plaintiff alleged that on May 1, 1955, while in...
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