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BETONEY v. UNION PACIFIC R. CO.

No. 82CA0727.

701 P.2d 62 (1984)

Gilbert BETONEY, Plaintiff-Appellee and Cross-Appellant, v. UNION PACIFIC RAILROAD COMPANY, a corporation, Defendant-Appellant and Cross-Appellee.

Colorado Court of Appeals, Div. I.

Rehearing Denied August 30, 1984.

Certiorari Denied May 20, 1985.

Attorney(s) appearing for the Case

Morrisard and Rossi, P.C., John J. Rossi, Aurora, for plaintiff-appellee and cross-appellant.

Gorsuch, Kirgis, Campbell, Walker & Grover, C. Willing Browne, Catherine M. Meyer, Denver, for defendant-appellant and cross-appellee.

STERNBERG, Judge.

The plaintiff, Gilbert Betoney, was employed by the defendant, Union Pacific Railroad, as a laborer on a "system gang" which performed work on sections of railroad track throughout the railroad system. Late in the evening of November 15, 1978, Betoney was returning from a bar to a bunk car on which the system gang slept in the railroad yard in Rawlins, Wyoming. Betoney, in an admittedly intoxicated state, attempted to cross between two railroad cars...

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