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SPRY v. NORFOLK & W. RY. CO.

No. 3136.

50 F.2d 598 (1931)

SPRY v. NORFOLK & W. RY. CO.

Circuit Court of Appeals, Fourth Circuit.

June 17, 1931.

Attorney(s) appearing for the Case

W. H. D. Preece, of Williamson, W. Va., for appellant.

F. M. Rivinus, of Roanoke, Va., Goodykoontz & Slaven, of Williamson, W. Va., and Holt & Holt, of Huntington, W. Va., for appellee.

Before PARKER, NORTHCOTT, and SOPER, Circuit Judges.

SOPER, Circuit Judge.

The administrator of Andrew Spry brought an action at law against the Norfolk & Western Railway Company in the circuit court of Mingo county, W. Va., alleging that the death of the deceased was caused by the wrongful act of the railway company in failing to provide a safe place for him to work while engaged as its employee in its colliery or mine in Mingo county, W. Va. It was charged that the roof of the mine was so carelessly supported...

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