Peyatte v. International Harvester Co.

DOBIE, Circuit Judge.

This is an appeal from a judgment of the United States District Court for the Southern District of West Virginia in a civil action for damages sustained by an employee allegedly within the scope of his employment. The original complaint of plaintiff was twice amended and supplemented, to all of which complaints defendant answered and filed a motion for a judgment on the pleadings. Briefs were submitted and oral arguments heard in open court on this motion. The District Court granted defendant’s motion on the ground that the acts of negligence, if any, as alleged against…