DENVER AND RIO GRANDE WESTERN RAILROAD CO. v. DUFF

No. 18940.

358 P.2d 456 (1960)

DENVER AND RIO GRANDE WESTERN RAILROAD COMPANY, a corporation, and Herbert E. McAlroy, Plaintiffs in Error, v. Edward J. DUFF, Defendant in Error.

Supreme Court of Colorado, En Banc.

Concurring Opinion December 30, 1960.

Rehearing Denied January 23, 1961.


Attorney(s) appearing for the Case

T. A. White, T. A. Chisholm, Kenneth D. Barrows, Jr., Denver, for plaintiffs in error.

Kenneth N. Kripke, Denver, for defendant in error.


HALL, Justice.

The parties appear here in reverse order of their appearance in the trial court. We refer to the plaintiffs in error as defendants or the Railroad, and to the defendant in error as Duff.

Duff brought this action to recover damages for injuries to his person and property arising out of a collision between his car and a passenger train owned and operated by the Railroad.

The collision occurred at about 4:30 P.M., June 7, 1957, at a point...

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