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

No. C-248.

514 P.2d 626 (1973)

Joe G. ROMERO, Petitioner, v. The DENVER AND RIO GRANDE WESTERN RAILWAY COMPANY, a Delaware corporation, Respondent.

Supreme Court of Colorado, En Banc.

October 1, 1973.

Attorney(s) appearing for the Case

Gerash, Gerash & Davies, Walter L. Gerash, Davies, St. Veltri & Dikeou, H. Anthony Ruckel, Denver, for petitioner.

Ernest Porter, Kenneth D. Barrows, Mark J. Rubald, Eric Paul, Denver, for respondent.

ERICKSON, Justice.

This action arose out of a railroad crossing collision between a car and a 54-car Denver & Rio Grande Western Railway Company (D. & R. G.) freight train. The plaintiff's complaint alleged that the railroad's negligence consisted of a failure to properly maintain the crossing and, alternatively, a failure of the railroad to give a proper warning by blowing a whistle or ringing a bell before the crossing was reached. The D. & R. G., in...

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