Denver & Rio Grande Western Railroad v. Duff

The parties appear here in reverse order of their appearance in the trial court. We refer to the plaintiffs in error as defendants or the Railroad, and to the defendant in error as Duff.

Duff brought this action to recover damages for injuries to his person and property arising out of a collision between his car and a passenger train owned and operated by the Railroad.

The collision occurred at about 4:30 P.M., June 7, 1957, at a point where West Hampden Avenue crosses the tracks of the Railroad at the outskirts of Englewood, Colorado.

Trial to the court without a jury resulted in a judgment in…