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N. Y., C. & ST. LOUIS RD. CO. v. HEFFNER CONST. CO.

No. 691.

9 Ohio App. 2d 174 (1967)

THE NEW YORK, CHICAGO & ST. LOUIS RD. CO., APPELLANT, v. THE HEFFNER CONSTRUCTION CO. ET AL., APPELLEES.

Court of Appeals of Ohio, Hancock County.

Decided February 1, 1967.

Attorney(s) appearing for the Case

Messrs. Robison, Curphey & O'Connell and Mr. Richard A. Betts, for appellant.

Mr. Garver Oxley, Mr. Robert G. Payne, Messrs. Finn, Manahan & Pietrykowski and Mr. Marcus C. Downing, for appellees.

GUERNSEY, J.

This is an appeal on questions of law by The Norfolk & Western Railway Company, substituted as party plaintiff for The New York, Chicago & St. Louis Railroad Company, from a judgment of the Common Pleas Court of Hancock County for the defendant, The Heffner Construction Company, hereinafter referred to as Heffner, entered pursuant to the sustaining of a motion for a directed verdict made by Heffner at the close of the plaintiff railroad's evidence...

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