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McGRAW v. NORFOLK & WESTERN RY. CO.

No. 23996.

500 S.E.2d 300 (1997)

201 W.Va. 675

Robert McGRAW, et al., Plaintiffs Below, Appellants, v. NORFOLK & WESTERN RAILWAY COMPANY, et al., Defendants Below, Appellees.

Supreme Court of Appeals of West Virginia.

Decided December 15, 1997.

Attorney(s) appearing for the Case

Richard M. Huhn, Blumentiel, Huhn, Woods & Adams, Columbus, OH, Norris Kantor, Katz, Kantor & Perkins, Bluefield, for Appellant.

Angela W. Konrad, Huddleston, Bolen, Beatty, Porter & Copen, Huntington, for Appellee Norfolk & Western Railway Company.

McHUGH, Justice.

This case is before this court upon the appeal of Robert McGraw who, while employed by appellee Norfolk & Western Railway Co. (hereinafter "appellee" or "railroad"), sustained injuries when he was struck by a non-railroad employee. Appellant instituted an action against the railroad under the Federal Employers' Liability Act, 45 U.S.C. § 51 (1939), alleging, inter alia, that it was negligent...

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