TUCK v. CHESAPEAKE AND OHIO RAILWAY COMPANY

No. 7502.

251 F.2d 180 (1958)

Glenna Frances TUCK, Administratrix of the Estate of George William Tuck, deceased, Appellant, v. The CHESAPEAKE AND OHIO RAILWAY COMPANY, a corporation, Appellee.

United States Court of Appeals Fourth Circuit.

Decided January 6, 1958.


Attorney(s) appearing for the Case

W. Hayes Pettry, Charleston, W. Va. (Dewey B. Jones, Charleston, W. Va., on the brief), for appellant.

Amos A. Bolen, Huntington, W. Va. (Strother Hynes, Richmond, Va., and Fitzpatrick, Marshall, Huddleston & Bolen, Huntington, W. Va., on the brief), for appellee.

Before PARKER, Chief Judge, and SOBELOFF and HAYNSWORTH, Circuit Judges.


SOBELOFF, Circuit Judge.

This is one of the rare and exceptional cases in which a trial judge is justified in dismissing a case upon the plaintiff's opening statement.

Counsel related that the plaintiff's decedent, traveling alone at night on a West Virginia highway, near his home, drove his automobile into the side of the nineteenth car of a moving coal train and was killed. "I think," the lawyer said, "the evidence will be that it was foggy and it had been...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases