Legal Opinion

John Gutierrez and Beatrice Gutierrez v. Union Pacific Railroad Company

Court of Appeals for the Tenth Circuit

Decided December 5, 1966No. 8537PublishedCited by 8 opinions

1Opinion of the Court

BRATTON, District Judge.

This is a diversity action brought by the appellants, John Gutierrez and Beatrice Gutierrez, against the Union Pacific Railroad Company, seeking damages for the wrongful death of their minor son, William Michael Gutierrez, as a result of a collision between the pickup truck he was driving and the train of the Union Pacific Railroad Company.

The collision occurred at an intersection of a paved county road and the railroad tracks at about 9:45 A. M. on March 5, 1964, approximately one quarter mile south of Fort Lupton, Colorado.

The appellee’s train was going south at a…

2Cases cited5 opinions

  1. Helen Yaich Christopherson v. Kathalene Tibbels HumphreyCourt of Appeals for the Tenth Circuit · 1966
  2. Lee v. Missouri Pacific Railroad CompanySupreme Court of Colorado · 1963
  3. Chicago, Rock Island and Pacific Railroad Company, a Corporation v. Claudine McFarlin and Leonard McFarlinCourt of Appeals for the Tenth Circuit · 1964
  4. Charles A. Meeker v. Carl A. Rizley, R. L. Minton, Lee H. Bullard, J. M. Burden v. P. McClain C. v. Drennan, Guy S. Hardin, and A. C. LeblancCourt of Appeals for the Tenth Circuit · 1965
  5. UNION PACIFIC RAILROAD COMPANY v. LarsonSupreme Court of Colorado · 1963

3Cited by8 opinions

  1. McGregor-Doniger, Inc. v. Tribunal Superior de Puerto RicoSupreme Court of Puerto Rico · 1970
  2. Chicago, Rock Island and Pacific Railway Company, a Foreign Corporation v. Thomas W. Howell and Dorothy Howell, His WifeCourt of Appeals for the Tenth Circuit · 1968
  3. Byron T. Weeks, Guardian Ad Litem of Valerie Weeks, a Minor v. Latter-Day Saints Hospital, a CorporationCourt of Appeals for the Tenth Circuit · 1969
  4. Sumaza v. Cooperative AssociationDistrict Court, D. Puerto Rico · 1969
  5. Continental Oil Company, a Corporation, and Cross-Appellee v. Natrona Service, Inc., a Corporation, and John W. MacGuire and Cross-AppellantsCourt of Appeals for the Tenth Circuit · 1978

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