UNION PACIFIC RAILROAD COMPANY v. SNYDER

No. 4954.

220 F.2d 388 (1955)

UNION PACIFIC RAILROAD COMPANY, Appellant, v. Guy E. SNYDER and Lorraine Snyder, Appellees.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied March 14, 1955.


Attorney(s) appearing for the Case

Clayton D. Knowles, Denver, Colo. (E. G. Knowles, Denver, Colo., was on the brief with him), for appellant.

Frank H. Conry and Samuel D. Menin, Denver, Colo. (Eugene Deikman, Denver, Colo., was on the brief with them), for appellees.

Before BRATTON, MURRAH and PICKETT, Circuit Judges.


MURRAH, Circuit Judge.

In this railroad crossing accident case, tried to the court without a jury, the primary question is whether the judgment of the trial court for personal and property damages in favor of the Snyders, husband and wife owners and occupants of the automobile, is without factual support, hence clearly erroneous.

The accident occurred about 6:30 P.M., January 6, 1951, at the intersection of Highway 287 and the Union Pacific tracks near Fort...

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