Conley v. Denver & Rio Grande Western Railroad

ARRAJ, Chief Judge.

This action was originally based upon a claim arising under the F.E.L.A., 45 U.S.C. § 51 et seq., for the death of the plaintiff’s husband, a railroad employee who died after receiving a back injury which was caused by a deteriorated section of track in a certain leased industrial railroad yard in Pueblo, Colorado, wherein the decedent was working as a business invitee of the lessee. The issue of negligence was previously tried separately to this Court with a jury, resulting in the assessment of a judgment against the decedent’s employer, Denver and Rio Grande Western,…