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CHESPEAKE AND OHIO RY. CO. v. BAILEY PRODUCTION CORP.

Civ. A. Nos. 873, 874.

163 F.Supp. 666 (1958)

The CHESAPEAKE AND OHIO RAILWAY COMPANY, a corporation, Plaintiff, v. BAILEY PRODUCTION CORPORATION, a corporation, Defendant. The CHESAPEAKE AND OHIO RAILWAY COMPANY, a corporation, Plaintiff, v. The LORADO COAL MINING COMPANY, a corporation, Defendant and Third Party Plaintiff (Bailey Production Corporation, a corporation, Third Party Defendant).

United States District Court S. D. West Virginia, at Huntington.

July 23, 1958.

Attorney(s) appearing for the Case

Amos A. Bolen (Fitzpatrick, Marshall, Huddleston & Bolen), Huntington, W. Va., for Chesapeake & Ohio Ry. Co.

C. H. Hardesty, Jr. (Furbee & Hardesty), Fairmont, W. Va., and S. S. McNeer (Campbell, McNeer & Woods), Huntington, W. Va., for the Lorado Coal Min. Co.

John B. Meek (Scherr, Meek & Vinson), Huntington, W. Va., for Bailey Production Corp.

HARRY E. WATKINS, District Judge.

These consolidated actions are for damages caused by a landslide on March 6, 1955, when a section of plaintiff's railroad tracks was inundated by a great quantity of earth, stone and debris which slid down after a period of heavy rain from the mountainside above the tracks. By stipulation, the parties have agreed that the plaintiff railroad is entitled to judgment for $12,500 from one or both of the defendants in payment for damages...

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