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CHICAGO, R. I. & P. RY. CO. v. FANNING

No. 110.

42 F.2d 799 (1930)

CHICAGO, R. I. & P. RY. CO. v. FANNING.

Circuit Court of Appeals, Tenth Circuit.

January 27, 1930.

Attorney(s) appearing for the Case

Henry C. Vidal, of Denver, Colo. (William V. Hodges and D. Edgar Wilson, both of Denver, Colo., on the brief), for appellant.

G. Dexter Blount, of Denver, Colo. (Henry T. McGarry, of Colorado Springs, Colo., and Harry S. Silverstein and David Rosner, both of Denver, Colo., on the brief), for appellee.

Before LEWIS, PHILLIPS, and McDERMOTT, Circuit Judges.

LEWIS, Circuit Judge.

Appellee recovered a judgment for personal injuries received by her at about nine p. m. March 2, 1927, when an automobile in which she and her husband were riding went into a deep cut made by appellant for its line of railway just north of the city limits of Colorado Springs. The cut is 24 feet deep, 75 feet wide, runs in an easterly and westerly direction and is spanned by a wooden bridge about 36 feet wide, which was constructed by appellant...

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