Denver & Rio Grande Railroad v. Vitello

Scott, P. J.,

delivered tlie opinion of the court.

*53This case was before the supreme court upon a former hearing and is reported in 34 Colo. 50. On the 2nd day of May, 1901, and at Belden Siding on the road of the appellant, some men among whom was Vito Vitello, the husband of the appellee, were engaged in removing a mud and rock slide which had come down upon the track from the mountain side, which slide had occurred several days before. At this point the valley of the Eagle river is very narrow. Practically all of the valley between the mountain and the river was occupied by the tracks, of…