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UNION PAC. R. CO. v. BURNHAM

No. 2363.

124 F.2d 500 (1941)

UNION PAC. R. CO. v. BURNHAM.

Circuit Court of Appeals, Tenth Circuit.

December 24, 1941.

Attorney(s) appearing for the Case

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

Darwin D. Coit, of Denver, Colo. (Finlay M. Robinson and William L. Branch, both of Denver, Colo., on the brief), for appellee.

Before PHILLIPS, HUXMAN, and MURRAH, Circuit Judges.

PHILLIPS, Circuit Judge.

Burnham recovered a judgment against the Union Pacific Railroad Company for personal injuries and damages to his Ford truck resulting from a collision between the truck and a locomotive of the railroad company which occurred in Greeley, Colorado.

Burnham is a painter by occupation. A few minutes after 8 o'clock, A. M., on June 28, 1940, Burnham, traveling in the truck, entered the westerly...

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