Civil Procedure Keyed to Marcus
Cardwell v. Chesapeake & Ohio Railway Co
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On August 14, 1969, Winfred M. Cardwell (Plaintiff) filed a complaint under the FELA alleging that her husband, Mr. Cardwell, sustained a back injury while he was employed at Chesapeake & Ohio Railway Co. (Defendant) in Huntington, West Virginia. The injury occurred when he attempted to close a locomotive cab door that had been left hanging on its right upper hinge. After his death, Plaintiff, as administratrix of the estate, filed an Amended Complaint, which alleged that her husband’s death was the result of the accident. A jury found that the accident resulted from the combined negligence of Mr. Cardwell and Defendant. It returned a verdict of $10,500.00. From this verdict, interlocutory appeal was sought as to the question of whether Mr. Cardwell’s death resulted from Defendant’s negligence.
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