MOORE, Justice.
We will herein refer to the parties as they appeared in the trial court, where plaintiff in error was defendant and defendant in error was plaintiff.
The action was one for damages arising out of a collision at 9th avenue and Perry street in Denver on April 17, 1948, at about 11:15 o'clock P.M., between the motor scooter upon which plaintiff was riding and the automobile which defendant was driving. Plaintiff alleged in his complaint that the...
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