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CUBBAGE v. LEEP

No. 18090.

323 P.2d 1109 (1958)

C. D. CUBBAGE and Ethel Cubbage, Plaintiffs in Error, v. Claude V. LEEP, Defendant in Error.

Supreme Court of Colorado, En Banc.

April 14, 1958.

Attorney(s) appearing for the Case

John Stump Witcher, Canon City, for plaintiffs in error.

H. R. Harward, Canon City, for defendant in error.

KNAUSS, Justice.

We shall refer to the parties by name. This was an action by Claude V. Leep, hereinafter referred to as Leep, against C. D. Cubbage and Ethel Cubbage (husband and wife), proprietors and operators of an inn, or tavern, located in Canon City, Colorado, to recover damages for personal injuries sustained by Leep while a guest in the establishment.

The complaint alleged that Leep was a business guest at the Cubbage establishment, known as "Cubs...

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