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FORT DODGE, D. M. & S. RY. CO. v. CHICAGO GREAT WESTERN RY. CO.

No. 14537.

197 F.2d 886 (1952)

FORT DODGE, D. M. & S. RY. CO. v. CHICAGO GREAT WESTERN RY. CO.

United States Court of Appeals Eighth Circuit.

Rehearing Denied August 7, 1952.

Attorney(s) appearing for the Case

Denis M. Kelleher, Ft. Dodge, Ia. (Walter R. Dyer, Boone, Ia., on the brief), for appellant.

Hubert C. Jones, Des Moines (Donald Evans, Des Moines, and Bert B. Burnquist, Ft. Dodge, Ia., on the brief), for appellee.

Before SANBORN, WOODROUGH, and RIDDICK, Circuit Judges.

WOODROUGH, Circuit Judge.

Appeal from a judgment on jury verdict in favor of the plaintiff Chicago Great Western Railway Company against defendant Fort Dodge, Des Moines and Southern Railway Company for damages resulting from collision of two of their trains. There was federal jurisdiction by reason of diversity of citizenship and amount involved.

At the town of Rinard, Iowa, the main east and west line of the Chicago Great Western is crossed at grade by the...

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