ROSA v. UNION PAC. R. CO.

No. 16853.

252 P.2d 825 (1952)

127 Colo. 1

ROSA et ux. v. UNION PAC. R. CO. et al.

Supreme Court of Colorado, en Banc.

Rehearing Denied February 2, 1953.


Attorney(s) appearing for the Case

Harry A. Feder, Denver, for plaintiff in error.

E. G. Knowles, Clayton D. Knowles, and Walter O. Cass, Denver, for defendant in error.


HOLLAND, Justice.

The question presented in this proceeding is whether or not, in a negligence case, in which defendant has alleged contributory negligence on the part of plaintiff, which negligence is fairly well established by the latter's deposition, and where plaintiff, in a reply to such defensive allegation pleads the doctrine of last clear chance, the granting of defendant's motion for summary judgment is error on the part of the trial court.

The parties...

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