KELLY, District Judge.
This is an action at law to recover damages for personal injury suffered by the plaintiff while a passenger in an automobile involved in a collision between it and a train, owned by defendant and operated by its engineer. Upon trial to a jury, the plaintiff was awarded judgment. Defendant's motion for a new trial was overruled and it appealed to this court. There are numerous assignments of error, but since our decision must be that the trial...
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