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GOEDEL v. NORFOLK & WESTERN RY. CO.

Nos. 93-1451, 93-1545.

13 F.3d 807 (1994)

Michael Scott GOEDEL, Plaintiff-Appellant, and Leigh Portland Goedel; the Ohio River Company, Plaintiffs, v. NORFOLK & WESTERN RAILWAY COMPANY, a corporation, Defendant-Appellee. The OHIO RIVER COMPANY, Plaintiff-Appellant, and Michael Scott Goedel; Leigh Portland Goedel, Plaintiffs, v. NORFOLK & WESTERN RAILWAY COMPANY, a corporation, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided January 6, 1994.

Attorney(s) appearing for the Case

John Harlow Bicknell, Greene, Ketchum, Bailey & Tweel, Huntington, WV, argued, for plaintiff-appellant.

Fred Adkins, Huddleston, Bolen, Beatty, Porter & Copen, Huntington, WV, argued (James Wade Turner, on brief), for defendant-appellee.

Todd M. Powers, Felix J. Gora, Rendigs, Fry, Kiely & Dennis, Covington, KY, on brief, for plaintiff-appellant Ohio River Co.

Before NIEMEYER, Circuit Judge, CHAPMAN, Senior Circuit Judge, and KAUFMAN, Senior United States District Judge for the District of Maryland, sitting by designation.

OPINION

CHAPMAN, Senior Circuit Judge:

Michael Scott Goedel challenges a district court's order of judgment as a matter of law pursuant to F.R.C.P. 50(a)(1)1 for Norfolk & Western Railway Company on Goedel's claim that he was injured as a result of the company's negligent use of defective equipment. We agree that there was but one reasonable conclusion and we affirm.

I.

Michael Goedel was employed by the...

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