CHICAGO & N. W. RY. CO. v. BOOTEN

No. 9284.

57 F.2d 786 (1932)

CHICAGO & N. W. RY. CO. v. BOOTEN.

Circuit Court of Appeals, Eighth Circuit.

Rehearing Denied April 26, 1932.


Attorney(s) appearing for the Case

Wymer Dressler, of Omaha, Neb. (Robert D. Neely, of Omaha, Neb., and Samuel H. Cady, of Chicago, Ill., on the brief), for appellant.

Emmet L. Murphy, of Omaha, Neb. (Edward F. Fogarty, Herbert H. Meile, E. Melvin Kennedy, and K. G. Harvey, all of Omaha, Neb., on the brief), for appellee.

Before KENYON, VAN VALKENBURGH, and GARDNER, Circuit Judges.


KENYON, Circuit Judge.

Parties will be designated as in the trial court.

Defendant (appellant) was the owner of a grain elevator which it built just off its right of way in the city of Council Bluffs, Iowa, and leased to the Updike Grain Company. The last lease entered into between the parties, and which was in force at the time of the accident complained of in the instant case, the lease of November 23, 1928, contained, among others, the following provisions...

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