McLAUGHLIN, Circuit Judge.
There was a jury verdict in favor of the defendant railroad in this Federal Employers' Act case. The problem confronting us is whether, as a matter of law, the trial judge should have eliminated the question of the contributory negligence of plaintiff's deceased from the jury's consideration.
James L. Gans, the deceased, was a brakeman who started his employment with defendant in 1941. On November 26, 1959, around 9:00 P.M., he was...
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