CALLOWAY v. PENNSYLVANIA R. CO.

Nos. 3336, 3337.

62 F.2d 27 (1932)

CALLOWAY v. PENNSYLVANIA R. CO. SCHEETZ v. SAME.

Circuit Court of Appeals, Fourth Circuit.

November 29, 1932.


Attorney(s) appearing for the Case

Howard D. Matthews, of Wheeling, W. Va. (Patrick J. McGuire, of Wellsburg, W. Va., and G. Alan Garden, of Wheeling, W. Va., on the brief), for appellants.

Russell G. Nesbitt, of Wheeling, W. Va. (Frank W. Nesbitt, of Wheeling, W. Va., on the brief), for appellee.

Before PARKER, NORTHCOTT, and SOPER, Circuit Judges.


NORTHCOTT, Circuit Judge.

These actions were begun in the circuit court of Brooke county, W. Va., and were removed on account of diverse citizenship, by the defendant, to the District Court of the United States for the Northern District of West Virginia.

The appellants, who were plaintiffs below, sought to recover damages for injuries resulting from an accident occurring at a public crossing, in the city of Wellsburg, where the railroad of the defendant crosses...

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