
    No. 426.
    Gale et al. v. Norfolk & Western Ry. Co. et al.
    December 3, 1928.
    
      Messrs. C. C. Williams, Simeon Nash, and James J. Boulger for appellants.
    
      Messrs. F. M. Rivinus and J. Hamilton Cheston for appellees.
   Per Cwiam:

The appeal is dismissed on the authority of § 237 (a) of the Judicial Code, as amended by the act of February 13, 1925 (43 Sta. 936, 937), for lack of jurisdiction. Treating the appeal as an application for certiorari the same is denied' for want of a substantial federal question on the authority of Shulthis v. McDougal, 225 U. S. 561, 569; Hull v. Burr, 234 U. S. 712, 720; Norton v. Whiteside, 239 U. S. 144, 147.  