Steele v. Denver & Rio Grande Western Railroad Company

McDonough, justice.

The plaintiffs, husband and wife, were seriously injured when their pickup truck was demolished by one of the trains of defendant railroad company. Defendant Weyher Construction Company was building a concrete vehicular overpass at the site of the accident. Plaintiffs brought suit on the theory that the construction work created a blind entry onto the tracks of the railroad and that both the construction company and the railroad were under a duty to provide protection at the crossing for motor traffic which it knew or should have known would use the private road.

After…