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DENVER AND RIO GRANDE v. FORSTER

No. 87CA1153.

773 P.2d 612 (1989)

The DENVER AND RIO GRANDE WESTERN RAILROAD COMPANY, a Delaware corporation, Plaintiff-Appellant, v. Frank C. FORSTER, Ruby Forster and Marty E. Forster, Defendants-Appellees.

Colorado Court of Appeals, Div. IV.

Rehearing Denied May 25, 1989.

Attorney(s) appearing for the Case

Kathleen M. Snead, John S. Walker, Denver, for plaintiff-appellant.

Vance E. Halvorson, Steamboat Springs, Law Firm of Mike Hilgers, Mike Hilgers, Jeffery M. Grass, Arvada, for defendants-appellees.

JONES, Judge.

Plaintiff, Denver and Rio Grande Western Railroad Co., (Railroad), appeals from judgments entered on jury verdicts in favor of defendants Frank Forster, Ruby Forster, and Marty Forster (Forsters). We affirm in part and reverse in part, and remand to the trial court.

In 1984, the Forsters purchased a farm which is located near, and is higher in elevation than, the Railroad's Yarmony Tunnel. In operating the farm, they utilized ditches on the property...

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