McGUNEGILL v. CHESAPEAKE & O. RY. CO.

No. 10565.

199 F.2d 302 (1952)

McGUNEGILL v. CHESAPEAKE & O. RY. CO.

United States Court of Appeals Seventh Circuit.

October 8, 1952.


Attorney(s) appearing for the Case

Edward B. Henslee, Walter N. Murray, Melvin L. Griffith and Henry W. Lehmann, all of Chicago, Ill., for appellant.

Albert Harvey Cole, Peru, Ind., Herbert J. Patrick, Indianapolis, Ind., for appellee.

Before DUFFY, FINNEGAN and LINDLEY, Circuit Judges.


LINDLEY, Circuit Judge.

Following a jury trial, which resulted in a verdict for plaintiff, defendant's motion for judgment notwithstanding the verdict was granted. From this ruling this appeal is prosecuted.

The proof adduced on behalf of plaintiff, when viewed in the light most favorable to him, tends to establish the following facts. Defendant maintains a right of way running through Muncie, Indiana, in a northwesterly-southeasterly direction, on which are...

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