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DENVER AND RIO GRANDE WESTERN RAILROAD CO. v. CLINT

No. 5292.

235 F.2d 445 (1956)

The DENVER AND RIO GRANDE WESTERN RAILROAD COMPANY a corporation, Appellant, v. Ane D. CLINT, Appellee.

United States Court of Appeals Tenth Circuit.

Rehearing Denied July 25, 1956.

Attorney(s) appearing for the Case

T. A. Chisholm, Denver, Colo. (T. A. White, Denver, Colo., on the brief), for appellant.

Joseph A. Myers, Denver, Colo. (H. D. Reed, Denver, Colo., on the brief), for appellee.

Before BRATTON, Chief Judge, PHILLIPS, Circuit Judge, and ROGERS, District Judge.

PHILLIPS, Circuit Judge.

Ane D. Clint, as the surviving widow of David K. Clint, Jr., deceased, recovered a judgment against the Denver and Rio Grande Western Railroad Company1 for the alleged wrongful death of David. The Railroad Company has appealed.

In the original complaint the claim was predicated on § 41-1-1 of the Colorado Revised Statutes 1953, which in part provides:

"Damages for death. — (1) Whenever...

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