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COLORADO AND SOUTHERN RAILWAY CO. v. LOMBARDI

No. 20521.

400 P.2d 428 (1965)

The COLORADO AND SOUTHERN RAILWAY COMPANY, a corporation, Plaintiff in Error, v. John LOMBARDI, Defendant in Error.

Supreme Court of Colorado. In Department.

Rehearing Denied April 12, 1965.

Attorney(s) appearing for the Case

C. W. Krohl, Chicago, Ill., W. L. Peck, J. C. Street, Wormwood, O'Dell & Wolvington, Denver, for plaintiff in error.

Zarlengo, Zarlengo & Seavy, Denver, for defendant in error.

SUTTON, Justice.

We shall refer to plaintiff in error, who was defendant in the trial court, as the railroad, and to defendant in error, Lombardi, by name or as the employee.

This case arises under the Federal Employers' Liability Act (Title 45 U.S.C.A. § 51 et seq.) and involves an accident that occurred in the Denver, Colorado repair yard of the railroad while Lombardi was repairing a gandola railroad car....

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