MALVERNIA INV. CO. v. CITY OF TRINIDAD

No. 16619.

229 P.2d 945 (1951)

123 Colo. 394

MALVERNIA INV. CO. v. CITY OF TRINIDAD.

Supreme Court of Colorado, en Banc.

April 2, 1951.


Attorney(s) appearing for the Case

Charles S. Vigil, Trinidad, for plaintiff in error.

Joseph F. Nigro, Trinidad, for defendant in error.


JACKSON, Chief Justice.

Plaintiff, the owner of two neighboring apartment houses which were damaged from flooding following a heavy rain storm, sued the city of Trinidad for $4,000 damages, alleged to have been caused through neglect of the city to care for the storm sewers on lower Arizona and lower Pine streets, and asked that the city be required properly to clean those storm sewers.

In a jury trial, after plaintiff had rested, the court granted defendant...

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