Plaintiff has had a recovery under the Federal Employers' Liability Act (U. S. Code, tit. 45, § 51 et seq.) for personal injuries in the sum of $35,200.
In our opinion, the plaintiff's presence on the premises was not a necessary incident to the discharge of the duties of his employment.
This case has been before us on a previous appeal involving the pleadings rather than the merits. Defendant pleaded as a defense...
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