MERRILL, Justice.
This is an appeal by the defendant railroad company from a judgment of $18,000.00 in a suit brought under the Federal Employers' Liability Act, 45 U.S.C.A. § 51 et seq. The sole issue is whether the trial court erred in refusing to give the affirmative charge as requested by the defendant.
The single count, as amended, which went to the jury charged that while the appellee was "acting within the line and scope of his employment by the...
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