Beall v. Baltimore & O. R. Co.

BAKER, District Judge.

This case arises at this time upon the Defendant’s Motion to dismiss the complaint and to enter judgment for the Defendant upon the ground that said complaint does not set forth sufficient cause of action. A chronological statement of the events leading up to this suit is of material aid in a decision of this motion.

Upon June 11, 1910, Roy U. Beall was employed by the Morgantown & Kingwood Railroad Company. This was a railroad company operating principally in Preston and Monongalia Counties, West Virginia. At that time Beall was working as a fireman upon one of the…