
    CHESAPEAKE & OHIO RAILWAY CO., Plaintiff in Error, v. Katherine LINSTEAD, Executrix, Defendant in Error.
    (Circuit Court of Appeals, Sixth Circuit.
    November 9, 1926.)
    No. 4626.
    In Error to the District Court of the United States for the Eastern District of Kentucky; Andrew M. J. Cochran, Judge.
    Frank M. Tracy, of Cincinnati, Ohio (Galvin & Tracy, of Cincinnati, Ohio, on the brief), for plaintiff in error.
    John W. Cowell, of Cincinnati, Ohio (Ratterman & Cowell, of Cincinnati, Ohio, on the brief), for defendant in error.
    Before DENISON, DONAHUE, and MOORMAN, Circuit Judges.
   PER CURIAM.

We are unable effectively to distinguish the facts of this ease from those of Hull v. Philadelphia, etc., Ry., 252 U. S. 475, 40 S. Ct. 358, 64 L. Ed. 670, an opinion which apparently was not brought to the attention of the trial court. It thus becomes necessary to reverse the judgment and remand for further proceedings. We express no opinion as to whether an amendment pursuant to the rule of the Kinney Case, 260 U. S. 340, 43 S. Ct. 122, 67 L. Ed. 294, can be allowed in the trial court, if now desired.  