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WEST v. BALTIMORE & O. R. CO.

No. 74-1583.

528 F.2d 1148 (1975)

Hilda WEST, Administratrix of the Estate of Marvin West, Deceased, Appellant, v. The BALTIMORE & OHIO RAILROAD COMPANY, a Delaware Corporation, et al., Appellees.

United States Court of Appeals, Fourth Circuit.

Decided November 18, 1975.

Attorney(s) appearing for the Case

James W. Pyles, New Martinsville, W.Va. and Jolyon W. McCamic, Wheeling, W.Va. (McCamic, McCamic & Hazlett, Wheeling, W.Va., on brief), for appellant.

J. S. Francis, Sistersville, W.Va., Robert M. Steptoe, Jr., and Howard Caplan, Clarksburg, W.Va. (Robert G. Steele, Stewart McReynolds, Clarksburg, W.Va., Brennan & Francis, Sistersville, W.Va., McReynolds & Caplan, Clarksburg, W.Va., and Steptoe & Johnson, Clarksburg, W.Va., on brief), for appellees.

Before BOREMAN, Senior Circuit Judge, and FIELD and WIDENER, Circuit Judges.

BOREMAN, Senior Circuit Judge:

The plaintiff, Hilda West, instituted this diversity action in the United States District Court for the Northern District of West Virginia against the Baltimore and Ohio Railroad Company and two of its employees (hereinafter referred to as the railroad) and the McDonough Company (hereinafter McDonough) to recover $110,000 in damages for the wrongful death of her husband, Marvin West, who was killed in a collision between a truck owned...

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