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BALLOGA v. WYMAN

No. 21430.

431 P.2d 866 (1967)

Henry Louis BALLOGA, Emmitt P. Lynch, Missouri Pacific Railroad Company, a corporation, a/k/a Missouri Pacific Railroad, a corporation, a/k/a Missouri Pacific Lines, Plaintiffs in Error, v. Phyllis L. WYMAN and Pueblo Dairy Exchange, Inc., a Colorado corporation, Defendants in Error.

Supreme Court of Colorado, In Department.

September 25, 1967.

Attorney(s) appearing for the Case

Preston, Altman & Parlapiano, Pueblo, for plaintiffs in error.

Laurence A. Ardell and Louis J. Stuart, Pueblo, for defendants in error.

DAY, Justice.

The parties appeared in the trial court inverse to their position here on writ of error. Defendants were the fireman, engineer and the Missouri Pacific Railroad and will be referred to as the Railroad. Defendant in error, Phyllis L. Wyman, brought this action under the wrongful death statute as the sole surviving heir and widow of Leslie M. Wyman. He was the driver of a bulk milk tank truck which was owned by the Pueblo Dairy Exchange, Inc., another...

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