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ROMERO v. DENVER AND RIO GRANDE WESTERN RY. CO.

No. 70-479.

497 P.2d 704 (1972)

Joe G. ROMERO, Plaintiff-Appellant, v. The DENVER AND RIO GRANDE WESTERN RAILWAY COMPANY, a Delaware corporation, Defendant-Appellee.

Colorado Court of Appeals, Div. II.

Rehearing Denied May 2, 1972.

Certiorari Granted June 19, 1972.

Attorney(s) appearing for the Case

Gerash & Kaiser, Davies & Dikeou, Denver, for plaintiff-appellant.

Kenneth D. Barrows, Denver, for defendant-appellee.

Selected for Official Publication.

COYTE, Judge.

This appeal arises from an automobile-train collision occurring at a railroad crossing near Minturn, Colorado. Plaintiff's complaint alleged that the accident was caused by the negligence of the railroad in failing to properly maintain the crossing or in failing to give such warning as would be reasonable under the conditions and circumstances existing at that particular crossing. These allegations were denied...

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