UNION PACIFIC RAILROAD COMPANY v. LUMBERT

No. 9735.

401 F.2d 699 (1968)

UNION PACIFIC RAILROAD COMPANY, a Utah corporation, Appellant, v. Jimmie Rex LUMBERT, Appellee.

United States Court of Appeals Tenth Circuit.

Rehearing Denied November 12, 1968.


Attorney(s) appearing for the Case

Edward T. Lazear, of Loomis, Lazear, Wilson & Pickett, Cheyenne, Wyo., for appellant.

Maxwell E. Osborn and John W. Pattno, of Pattno, Osborn, Lynch & Smith, Cheyenne, Wyo., for appellee.

Before MURRAH, Chief Judge, and WILBUR K. MILLER and BREITENSTEIN, Circuit Judges.


BREITENSTEIN, Circuit Judge.

This case arises out of a railroad-crossing accident near Pine Bluffs, Wyoming. A jury awarded appellee-plaintiff damages in the amount of $102,573 and the railroad appeals.

A road and two railroad tracks intersected at an angle of 60 degrees. The only warning sign or device was the familiar crossbuck. A signal box, telegraph poles, and some bushes partially obstructed the view. The surface of the road was rough and contained chuckholes...

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