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BLAAUW v. GRAND TRUNK WESTERN RAILROAD COMPANY

No. 14329.

333 F.2d 540 (1964)

John BLAAUW, a minor, by Gerhard Blaauw, his father and next friend, and Gerhard Blaauw, Plaintiffs-Appellants, v. GRAND TRUNK WESTERN RAILROAD COMPANY, a corporation, Defendant-Appellee.

United States Court of Appeals Seventh Circuit.

Rehearing Denied July 22, 1964.

Attorney(s) appearing for the Case

Richard G. Finn, William P. Butcher, Chicago, Ill., for appellants.

Edward J. Wendrow, Gerard E. Grashorn, Edward L. Foote, Chicago, Ill., for Grand Trunk Western Railroad Co., defendant-appellee, Winston, Strawn, Smith & Patterson, Chicago, Ill., of counsel.

Before DUFFY, CASTLE and KILEY, Circuit Judges.

KILEY, Circuit Judge.

The questions presented are whether the district court erred in denying plaintiffs'1 motion for a new trial on the ground that the verdict for defendant in plaintiffs' personal injury suit was contrary to the "manifest weight of evidence"; and whether the court erred in deciding as a matter of law that the defendant railroad had no duty under a Chicago ordinance to fence its right-of-way. We think the court did not...

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