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NIERNBERG v. GAVIN

No. 16559.

224 P.2d 215 (1950)

123 Colo. 1

NIERNBERG, by NIERNBERG et al. v. GAVIN.

Supreme Court of Colorado, en Banc.

October 30, 1950.

Attorney(s) appearing for the Case

Walter F. Scherer, Denver, for plaintiffs in error.

Pershing, Bosworth, Dick & Dawson, Winston S. Howard, and Arthur K. Underwood, Jr., all of Denver, for defendant in error.

STONE, Justice.

This is an action for damages resulting from injuries suffered by six-year-old plaintiff Michael Niernberg on premises of defendant Gavin. The record discloses that at the time of the accident defendant was engaged in cleaning a fifty-gallon steel tar barrel. For that purpose he stood the barrel on its open end close to the rear line of a vacant lot owned by him, raised one side of the barrel by use of pieces of wood so that it stood at an angle and...

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