McDowell v. Kiehel

BUFFINGTON, Circuit Judge.

On the basis of divided citizenship, Stephen R. Kiehel brought suit in the court below against Harold D. McDowell and Wesley J. McDowell,. executors of Wesley S. McDowell, to recover damages for injuries suffered by him when struck by an auto truck operated by a driver in the employ of the defendants, who had continued and were then carrying on the lumber business of the decedent. Subsequently, and over their objection, the plaintiff was allowed to, and did, amend his pleadings, and made the suit one against the twp McDowells personally. Thereafter the case was…