Gardner v. Norfolk & Western Railway Co.

McHUGH, Chief Justice:

This case is before this Court upon certified questions from the Circuit Court of *725Brooke County, West Virginia (“the trial court”).1 We have reviewed the petition, the trial court’s rulings on the certified questions and the briefs and oral argument of counsel. We affirm in part, reverse in part and remand for further proceedings.

I

The plaintiffs below are 103 employees of the defendant railroad, Norfolk and Western Railway Company (“N & W”), a foreign corporation qualified to do business in this State. N & W is incorporated under the laws of the Commonwealth of Virginia…