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CRUZ v. UNION PACIFIC R. CO.

No. 83CA0438.

707 P.2d 360 (1985)

David A. CRUZ, Plaintiff-Appellant, v. UNION PACIFIC RAILROAD COMPANY, a corporation, Defendant-Appellee.

Colorado Court of Appeals, Div. I.

August 29, 1985.

Attorney(s) appearing for the Case

Stone, Ribble, Bremseth, Meyer & Wood, P.A., Gary K. Wood, Minneapolis, Minn., Tallmadge, Tallmadge, Wallace & Hahn, P.C., Donald F. D'Antuono, Denver, for plaintiff-appellant.

Gorsuch, Kirgis, Campbell, Walker & Grover, C. Willing Browne, Mark C. Hansen, Denver, for defendant-appellee.

VAN CISE, Judge.

This is an action brought by plaintiff, David A. Cruz, under the Federal Employers' Liability Act (FELA), 45 U.S.C. § 51, et seq., to recover damages for an injury to his right leg while he was employed as a rear brakeman by defendant Union Pacific Railroad Company (U.P.). U.P. denied that it had been negligent, and raised the affirmative defense of contributory negligence on the part of plaintiff. The jury found that both parties had been negligent...

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