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SaBELL'S, INC. v. FLENS

No. 79 S.C. 194.

627 P.2d 750 (1981)

SaBELL'S, INC., a Colorado Corporation, Petitioner, v. Jane FLENS and Louise Oldham, Respondents.

Supreme Court of Colorado, En Banc.

April 27, 1981.

Attorney(s) appearing for the Case

David L. Kofoed, P. C., Scott R. Larson, Denver, for petitioner.

Thomas J. de Marino, Michael J. Barbo, Denver, for respondent Flens.

Hall & Evans, Gail A. Laxalt, Richard A. Hanneman, Denver, for respondent Oldham.

DUBOFSKY, Justice.

Appellant SaBell's, Inc., a nursery, sued Jane Flens and Louise Oldham for damages incurred when a horse, owned by Flens and boarded by Oldham, ate trees and shrubs which were part of SaBell's nursery stock. The trial court granted a judgment on the pleadings in favor of Flens and Oldham, ruling that SaBell's claim was barred by its failure to maintain a lawful fence in accordance with section 35-46-101, et seq., C.R.S. 1973, the Colorado...

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