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CHICAGO & N. W. RY. CO. v. GOLAY

Nos. 3195, 3196.

155 F.2d 842 (1946)

CHICAGO & N. W. RY. CO. v. GOLAY (two cases).

Circuit Court of Appeals, Tenth Circuit.

Rehearing Denied July 2, 1946.

Attorney(s) appearing for the Case

R. R. Rose, of Casper, Wyo. (Nye F. Morehouse, of Chicago, Ill., Warren Newcome, of St. Paul, Minn., and James B. O'Shaughnessy, of Chicago, Ill., on the brief), for appellant.

W. J. Wehril, of Casper, Wyo. (W. H. Brown, Jr., and Madge Enterline, both of Casper, Wyo., and John J. McIntyre, of Cheyenne, Wyo., on the brief), for appellees.

Before PHILLIPS, BRATTON, and HUXMAN, Circuit Judges.

BRATTON, Circuit Judge.

These are railroad crossing cases. Fred Golay and Ruth Golay, husband and wife, sustained personal injuries as the result of a collision between the automobile in which they were riding and a passenger train of the Chicago and Northwestern Railway Company. Separate actions for damages were instituted. The issues joined were negligence and contributory negligence. The actions were consolidated for trial before the court and a jury, resulting...

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