KILMER v. NORFOLK & W. RY. CO.

No. 2961.

45 F.2d 532 (1930)

KILMER et al. v. NORFOLK & W. RY. CO.

Circuit Court of Appeals, Fourth Circuit.

November 17, 1930.


Attorney(s) appearing for the Case

Harry H. Byrer, of Martinsburg, W. Va. (E. L. Luttrell, W. C. Kilmer, and Kilmer & Byrer, all of Martinsburg, W. Va., on the brief), for appellants.

L. I. Rice, of Martinsburg, W. Va., and Forrest A. Brown, of Charles Town, W. Va. (F. M. Rivinus, of Philadelphia, Pa., and Brown & Brown and Forrest W. Brown, all of Charles Town, W. Va., Emmert & Rice and Howard H. Emmert, all of Martinsburg, W. Va., on the brief), for appellee.

Before NORTHCOTT, Circuit Judge, and McCLINTIC and HAYES, District Judges.


McCLINTIC, District Judge.

Lucille Kilmer instituted an action at law in the circuit court of Jefferson county, W. Va., against the Norfolk & Western Railway Company, and James P. Morison, an infant suing by his next friend, also instituted an action at law in this same court against the same defendant. These actions were properly removed to the District Court of the United States for the Northern District of West Virginia for trial. For reasons which will appear...

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