LA ROCCO v. FERNANDEZ

No. 17432.

277 P.2d 232 (1954)

Veto LA ROCCO and Lucy La Rocco, Plaintiffs In Error, v. Joe Ellseo FERNANDEZ, Ellseo Fernandez and James Lannan, Defendants in Error.

Supreme Court of Colorado, en Banc.

Rehearing Denied December 20, 1954.


Attorney(s) appearing for the Case

Emory L. O'Connell, Denver, Cecil R. Ditsch, Littleton, for plaintiffs in error.

Dudley I. Hutchinson, Dudley I. Hutchinson, Jr., T. Henry Hutchinson, Boulder, for defendants in error, Joe Eliseo Fernandez and Eliseo Fernandez.

Wolvington & Wormwood, Denver, for defendant in error, James Lannan.


HOLLAND, Justice.

Plaintiffs in error as plaintiffs filed their complaint in damages against the now defendants in error, or one of them, for and on account of damage to their automobile and for the death of their son, arising out of a collision of automobiles on the night of September 22, 1951, on an east-west road known as Base Line Road in Boulder county. At the close of plaintiffs' case defendants moved for dismissal of the complaint on the ground that plaintiffs...

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