HUTCHESON, Circuit Judge.
This is an appeal by the defendant from a judgment on a jury verdict in favor of the plaintiff in a case involving an injury to plaintiff Curtis Cadoree when, in attempting to walk onto and cross a railroad track, he was struck by a train. The jury found the plaintiff guilty of contributory negligence but it also found that the case was one of discovered peril and that the defendant failed to exercise care after the peril was discovered....
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