Ordered that the interlocutory judgment is affirmed insofar as appealed from, with costs.
Contrary to the plaintiff's contention, the facts in this case did not warrant a jury instruction on the inapplicability of the defense of assumption of risk. Under the Federal Employers' Liability Act (45 USC § 51 et seq.; hereinafter FELA), the defense of assumption of risk has been eliminated, while the defense of contributory negligence remains (see, 45...
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