Myers v. Norfolk & Western Ry. Co.

By the Court.

This is an action for personal injuries instituted in the court of common pleas. The decedent, Charles H. Myers, was a passenger in a truck owned by the defendant George L. Gugle, driven by one of the latter’s employees. The action was brought by Myers ’ administrator against Gugle and the Norfolk & Western Railway Company jointly. Gugle demurred to the third amended petition and his demurrer was sustained by the trial court. Failing to plead further, the action as to him was dismissed. The judgment of the trial court was affirmed by the Court of Appeals, by a divided court,…