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NUTTER v. CHESAPEAKE & OHIO RY. CO.

No. 3678.

72 F.2d 982 (1934)

NUTTER v. CHESAPEAKE & OHIO RY. CO.

Circuit Court of Appeals, Fourth Circuit.

October 2, 1934.

Attorney(s) appearing for the Case

David D. Ashworth and Ben H. Ashworth, both of Beckley, W. Va. (W. A. Thornhill, Jr., of Beckley, W. Va., on the brief), for appellant.

C. W. Strickling, of Huntington, W. Va. (Fitzpatrick, Brown & Davis, of Huntington, W. Va., on the brief), for appellee.

Before PARKER and NORTHCOTT, Circuit Judges, and CHESNUT, District Judge.

PER CURIAM.

This is an action for wrongful death brought by the administratrix of the little boy who was killed in the distressing accident described in Nutter v. C. & O. Ry. Co., 113 W.Va. 94, 166 S. E. 815. We need not decide whether the father's negligence was imputable to the child under the circumstances disclosed, nor whether there was error in admitting evidence tending to show negligence on the part of the father. For the reasons given by the Supreme Court...

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