Tennessee R. v. Thompson

MOORMAN, Circuit Judge.

The material facts in this case are stated in the opinion of this court on the first appeal. 33 F.(2d) 18. Upon the retrial there was a judgment for plaintiff. On this appeal it is contended that there was no evidence of negligence on the part of the defendant, that the plaintiff assumed the risk of his injury, and that the court erred in refusing to instruct the jury that he assumed the risks arising from the nearness of the side track to the main track.

It is insisted by appellant that there is a difference in the evidence on the two trials, in that on the second…