OPINION OF THE COURT
BIGGS, Circuit Judge.
Mohr was employed by the Railroad as a signal maintainer. On December 28, 1961 he was injured when hit in the leg by a piece of broken brake shoe thrown by a passing train. On July 24, 1963 he brought suit for damages pursuant to the Federal Employers' Liability Act, 45 U.S.C. § 51, et seq. and the Safety Appliance Act, 45 U.S.C. § 1, et seq. The case was settled and was in fact dismissed with prejudice...
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