Chesapeake & Ohio Railway Co. v. Linstead

• Citation: 14 F.2d 1021
• Decision Date: 09 November 1926
• Docket Number: No. 4626.,4626.
• Parties: CHESAPEAKE & OHIO RAILWAY CO., Plaintiff in Error, v. Katherine LINSTEAD, Executrix, Defendant in Error.
• Court: U.S. Court of Appeals — Sixth Circuit

14 F.2d 1021 (1926)

CHESAPEAKE & OHIO RAILWAY CO., Plaintiff in Error, v. Katherine LINSTEAD, Executrix, Defendant in Error.

No. 4626.

Circuit Court of Appeals, Sixth Circuit.

November 9, 1926.

Frank M. Tracy, of Cincinnati, Ohio (Galvin & Tracy, of Cincinnati, Ohio, on the brief), for plaintiff in error.

John W. Cowell, of Cincinnati, Ohio (Ratterman & Cowell, of Cincinnati, Ohio, on the brief), for defendant in error.

Before DENISON, DONAHUE, and MOORMAN, Circuit Judges.

PER CURIAM.

We are unable effectively to distinguish the facts of this case from those of Hull v. Philadelphia, etc., Ry., 252 U. S. 475, 40 S. Ct. 358, 64 L. Ed. 670, an opinion which apparently was not brought to the attention of the trial court. It thus becomes necessary to reverse the judgment and remand for further proceedings. We express no opinion as to whether an amendment pursuant to the rule of the Kinney Case, 260 U. S. 340, 43 S. Ct. 122, 67 L. Ed. 294, can be allowed in the trial court, if now desired.