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MONONGAHELA WEST PENN PUBLIC SERVICE CO. v. McNUTT

No. 4470.

13 F.2d 846 (1926)

MONONGAHELA WEST PENN PUBLIC SERVICE CO. v. McNUTT.

Circuit Court of Appeals, Sixth Circuit.

July 12, 1926.

Attorney(s) appearing for the Case

George E. Bibbee, of Columbus, Ohio, and A. T. Williamson, of Marietta, Ohio (Strecker & Williamson, of Marietta, Ohio, and Mooney, Bibbee & Edmonds, of Columbus, Ohio, on the brief), for plaintiff in error.

C. C. Middleswart, of Marietta, Ohio (E. F. Folger, of Marietta, Ohio, on the brief), for defendant in error.

Before DENISON, DONAHUE, and MOORMAN, Circuit Judges.

PER CURIAM.

The plaintiff in error, hereinafter called the company, owned and operated an electric railway and occupied a car barn. Alongside was a group of four poles, carrying high tension wires and forming a square, the two nearest poles of which group were some 10 feet from the building. McNutt, a builder, contracted with the company to do some brickwork in the upper part of its building. He desired to get his materials...

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