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BATES & SONS, INC. v. GREAT WESTERN RAILWAY COMPANY

No. 20811.

406 P.2d 98 (1965)

BATES & SONS, INC., a Colorado corporation, Plaintiff in Error, v. The GREAT WESTERN RAILWAY COMPANY, a Colorado corporation, Defendant in Error.

Supreme Court of Colorado, In Department.

October 4, 1965.

Attorney(s) appearing for the Case

Virginia Malloy, Denver, for plaintiff in error.

Bernard Sobol, M. B. Holt, Jr., Edward A. Walsh, Denver, for defendant in error.

MOORE, Justice.

Plaintiff in error was defendant in the trial court, and we refer to it herein as defendant. Defendant in Error was plaintiff in the trial court and we shall refer to it as plaintiff.

The plaintiff is a common carrier by rail engaged in both interstate and intrastate commerce. Its action was for damages to plaintiff's railroad train allegedly resulting from the negligence of defendant's agent in causing an accident on January 22, 1959, near...

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