TUTTLE, Circuit Judge:
Appellant, as plaintiff in the trial court, sued the defendant, a foreign railroad corporation, alleging negligence in the maintenance of a railroad crossing a state highway, which it had built, causing the upset of plaintiff's automobile, as he drove over the tracks, resulting in serious personal injuries.
The defendant filed a motion for summary judgment, which was granted by the trial court, on the ground that under a "spur track...
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