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DENVER AND RIO GRANDE WESTERN RAILROAD COMPANY v. CONLEY

No. 6657.

293 F.2d 612 (1961)

DENVER AND RIO GRANDE WESTERN RAILROAD COMPANY, a corporation, Appellant, v. Erma Maxine CONLEY, Administratrix of the Estate of Leslie S. Conley, deceased, Appellee.

United States Court of Appeals Tenth Circuit.

July 21, 1961.

Attorney(s) appearing for the Case

Leo S. Altman, Pueblo, Colo. (T. A. White, Kenneth D. Barrows, Jr., and Royce D. Sickler, Denver, Colo., were with him on brief), for appellant.

V. G. Seavy, Jr., Denver, Colo. (Anthony F. Zarlengo, Denver, Colo., and Clyde C. Patterson, Odgen, Utah, were with him on brief), for appellee.

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

MURRAH, Chief Judge.

Defendant-railroad is appealing from the trial court's judgment in an action arising under the F.E.L.A., 45 U.S.C.A. § 51 et seq., awarding plaintiff damages for the death of her husband.

The undisputed facts show that while in the course of his employment with the railroad, decedent received injuries to his back when a switch engine on which he was riding passed over a faulty section of...

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