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NORTHWESTERN ENGINEERING COMPANY v. ROOKS

Nos. 21996, 21998.

443 P.2d 977 (1968)

NORTHWESTERN ENGINEERING COMPANY, Plaintiff in Error, v. Edemia ROOKS, Individually and Joseph L. Ray Rooks and James Russell Rooks, by Edemia Rooks, their mother and next friend, the Western Casualty and Insurance Company, a corporation, and John Sheets, Defendants in Error. John SHEETS, Plaintiff in Error, v. Edemia ROOKS, Individually and Joseph L. Ray Rooks and James Russell Rooks, by Edemia Rooks their mother and next friend, the Western Casualty and Surety Company, a corporation, Defendants in Error.

Supreme Court of Colorado, In Department.

As Modified on Denial of Rehearing August 19, 1968.

Attorney(s) appearing for the Case

Zarlengo, Mott & Carlin, Denver, for Northwestern Engineering Co.

Bradford, McDaniel & Maynes, Durango, for plaintiff, John Sheets.

Coit, Graham & Webster, Grand Junction, for defendants in error, Edemia Rooks, Joseph L. Ray Rooks and James Russell Rooks.

Hart D. Gilchrist, Denver, and E. B. Hamilton, Durango, for defendant, the Western Casualty & Surety Co.

Bradford, McDaniel & Maynes, Durango, for defendant, John Sheets.

GROVES, Justice.

This is an action for damages resulting from the alleged wrongful death of Russell Rooks, hereinafter referred to as Rooks. The plaintiffs, herein referred to as such, are the widow and two sons of Rooks. Reference is made to the other parties as follows: Northwestern Engineering Company as Northwestern, Western Casualty and Surety Company as Western Causalty, and John Sheets as Sheets.

Northwestern was engaged in highway construction near...

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