Knecht v. Castleman River R.

BIGGS, Circuit Judge.

The questions presented by the appeal at bar are entirely those of pleading.. The appellant filed an original statement of claim and several amendments. By a motion filed April 28, .1938, he moved the court for leave to withdraw all amendments theretofore filed by him and to substitute paragraphs contained in his motion in lieu of certain allegations set forth in the original statement of claim. Consideration of this residuum of pleading shows that the appellant has alleged the following.

That at the time of the happening of the events complained of, the appellant was' the…