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COLORADO & S. RY. CO. v. DUFFY STORAGE AND MOVING CO.

No. 19077.

361 P.2d 144 (1961)

COLORADO AND SOUTHERN RAILWAY COMPANY, a corporation, and The Atchison Topeka and Santa Fe Railway Company, a corporation, Plaintiffs in Error, v. DUFFY STORAGE AND MOVING COMPANY, a corporation, Defendant in Error.

Supreme Court of Colorado. En Banc.

Rehearings Denied May 1, 1961.

Attorney(s) appearing for the Case

C. W. Krohl, Chicago, Ill., W. L. Peck, J. C. Street, Denver, for The Colorado and S. Ry. Co., plaintiff in error.

Grant, Shafroth, Toll, Chilson & McHendrie, Peter J. Crouse, Denver, for The Atchison, T. and S. F. Ry. Co., plaintiff in error.

Richard J. Bernick, McComb, Zarlengo & Mott, Denver, for defendants in error.

SUTTON, Justice.

The parties appear here in reverse order of their appearance in the trial court. They will be referred to as they there appeared or by name when appropriate.

Plaintiff brought an action for damages to its truck, trailer, and crane resulting from the alleged negligent failure of the defendants to stop their train in time to avoid a crossing accident in Douglas County, Colorado, on the main line route between Denver and Pueblo on December 3...

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