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SCHOENING v. CHICAGO, B. & Q. R. CO.

No. 8134.

30 F.2d 803 (1929)

SCHOENING v. CHICAGO, B. & Q. R. CO.

Circuit Court of Appeals, Eighth Circuit.

January 14, 1929.

Attorney(s) appearing for the Case

Philip E. Winter, of Casper, Wyo. (Winter & Winter, of Casper, Wyo., on the brief), for plaintiff in error.

C. D. Murane and A. E. Stirrett, both of Casper, Wyo. (J. C. James, of Chicago, Ill., and A. C. Campbell, of Cheyenne, Wyo., on the brief), for defendant in error.

Before VAN VALKENBURGH and COTTERAL, Circuit Judges, and REEVES, District Judge.

REEVES, District Judge.

In his effort to recover damages, plaintiff in error was cast at the conclusion of his evidence, and brings error. Hereinafter reference will be made to him as plaintiff, and to defendant in error as defendant.

Defendant's line of railway intersects plaintiff's land, situated in Fremont county, Wyoming. It traverses said land in almost a straight line from southeast to northwest. Plaintiff alleges that the construction of the roadbed...

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