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UNION PAC. R. CO. v. GAEDE

No. 1953.

110 F.2d 931 (1940)

UNION PAC. R. CO. v. GAEDE.

Circuit Court of Appeals, Tenth Circuit.

March 28, 1940.

Attorney(s) appearing for the Case

E. G. Knowles, of Denver, Colo. (T. W. Bockes, of Omaha, Neb., and Montgomery Dorsey and Hughes & Dorsey, all of Denver, Colo., on the brief), for appellant.

H. Gordon Howard, of Fort Collins, Colo., for appellee.

Before PHILLIPS, BRATTON, and HUXMAN, Circuit Judges.

PHILLIPS, Circuit Judge.

Mrs. Carrie Gaede brought this action against the Union Pacific Railroad Company to recover damages for personal injuries sustained as the result of a crossing accident in Greeley, Colorado, on January 4, 1939. From a judgment for the plaintiff, the Railroad Company has appealed.

The facts are not in substantial dispute. On the evening of January 4, 1939, the plaintiff and her husband, Peter Gaede, were returning from the east side...

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