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UNION PACIFIC RAILROAD COMPANY v. COGBURN

No. 17987.

315 P.2d 209 (1957)

UNION PACIFIC RAILROAD COMPANY, a corporation, and H. B. Jenkins, Plaintiffs in Error, v. Roland Rex COGBURN, a minor, by his next friend, Harry R. Cogburn, and Harry R. Cogburn, Defendants in Error.

Supreme Court of Colorado, En Banc.

Rehearing Denied September 30, 1957.

Attorney(s) appearing for the Case

Knowles & Shaw, E. G. Knowles, Clayton D. Knowles, Denver, W. R. Rouse, F. J. Melia, of counsel, Omaha, Neb., for plaintiffs in error.

Houtchens & Houtchens, S. Robert Houtchens, Greeley, Elmer P. Cogburn, Denver, for defendants in error.

HALL, Justice.

Plaintiffs in error were defendants below and we shall refer to them as defendants or to the Union Pacific Railroad Company as the railroad. We will refer to defendants in error as plaintiffs and shall at times refer to plaintiff Roland Rex Cogburn as Rex.

Plaintiff brought this action to recover damages for personal injuries suffered by plaintiff, Rex, arising out of a collision of a car being driven by him with a train of defendant railroad...

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