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UNION PACIFIC RAILROAD COMPANY v. WARD

No. 5207.

230 F.2d 287 (1956)

The UNION PACIFIC RAILROAD COMPANY, Appellant, v. H. B. WARD, doing business as Ward Transport Service, Appellee.

United States Court of Appeals Tenth Circuit.

Rehearing Denied March 5, 1956.

Attorney(s) appearing for the Case

Clayton D. Knowles, Denver, Colo. (E. G. Knowles, Richard H. Shaw, Denver, Colo., W. R. Rouse and F. J. Melia, Omaha, Neb., on the brief), for appellant.

Kenneth M. Wormwood, Denver, Colo. (Thomas E. McCarthy, Denver, Colo., on the brief), for appellee.

Before BRATTON, Chief Judge, and HUXMAN and MURRAH, Circuit Judges.

MURRAH, Circuit Judge.

H. B. Ward, doing business as Ward Transport Service, brought this action against the Union Pacific Railroad Company, for damages to his tractor and tank trailer resulting from the alleged negligent failure of the Railroad to stop its train in time to avoid a crossing accident near Adams City, Colorado on April 27, 1953. In its answer, the Railroad denied negligence and filed a cross complaint for damages to its property resulting from the alleged...

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