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McCULLOCH v. CANADIAN PAC. RY. CO.

No. 511.

53 F.Supp. 534 (1943)

McCULLOCH v. CANADIAN PAC. RY. CO. et al.

District Court, D. Minnesota, Fourth Division.

June 29, 1943.

Attorney(s) appearing for the Case

Frank J. Morley, Kenneth Taylor, and Harry E. Howlett (of Kingman, Cross, Morley, Cant & Taylor), all of Minneapolis, Minn., and Reese D. Alsop (of Hunt, Hill & Betts), of New York City (Hunt, Hill & Betts, of New York City, and Myron Frantz, of Chicago, Ill., of counsel), for plaintiff.

Henry S. Mitchell, of Minneapolis, Minn. (Mr. Terrance Hanold, of Minneapolis, Minn., of counsel), for defendant Canadian Pac. Ry. Co.

G. Aaron Youngquist (of Fowler, Youngquist, Furber, Taney & Johnson), of Minneapolis, Minn., for defendant Duluth, So. Sh. & A. Ry. Co.

Sigurd Ueland, of Minneapolis, Minn., for defendant trustees.

NORDBYE, District Judge.

The facts necessary to an understanding of the case appear to be the following:

When the Duluth, South Shore and Atlantic Railway Company (hereinafter called the South Shore) was organized by a syndicate in 1886-1887, the Marquette, Houghton & Ontonagon Railroad (hereinafter called the Marquette) operated from Nestoria, Michigan, to Marquette, Michigan, and the Detroit, Mackinac & Marquette Railway Company (hereinafter called...

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