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ANCHOR CASUALTY CO. v. DENVER & RIO GRANDE WEST. R. CO.

No. 17378.

277 P.2d 523 (1954)

ANCHOR CASUALTY COMPANY, a corporation, Plaintiff in Error, v. DENVER & RIO GRANDE WESTERN RAILROAD COMPANY, a corporation, and Roy H. Hart, Defendants In Error.

Supreme Court of Colorado, En Banc.

December 13, 1954.

Attorney(s) appearing for the Case

Edward L. Wood, William K. Ris and Eugene S. Hames, Denver, for plaintiff in error.

T. R. Woodrow and T. A. Chisholm, Denver, for defendants in error.

KNAUSS, Justice.

Plaintiff in error, hereinafter referred to as plaintiff, instituted its action against defendants in error, hereinafter referred to as defendants, or by name, for damages to an automobile, sustained as a result of an automobile-train accident which occurred on September 11, 1949 near Tolland, Colorado. The automobile was owned by one John A. Rice and plaintiff had issued an insurance policy to indemnify Rice for loss resulting from collision or upset...

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