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SMITH v. McCABE

No. 19127.

358 P.2d 1 (1960)

Thomas J. SMITH, a minor, by Orin S. Smith, his next friend, and Orin S. Smith, Plaintiffs in Error, v. James McCABE, Eugene McCabe, Benedictine Fathers, Inc., a Colorado corporation, Holy Cross Abbey, Inc., also known as Abbey School, Defendants in Error.

Supreme Court of Colorado, In Department.

December 23, 1960.

Attorney(s) appearing for the Case

Francis P. O'Neill, Virginia Malloy, Denver, for plaintiffs in error.

Yegge, Bates, Hall & Shulenburg, Wesley H. Doan, Denver, for defendants in error Benedictine Fathers, Inc., Holy Cross Abbey, Inc. also known as Abbey School.

Wood, Ris & Hames, Denver, for defendants in error James McCabe and Eugene McCabe.

KNAUSS, Justice.

The parties appear here as they appeared in the trial court. They will be referred to as they there appeared or by name, except that the Benedictine Fathers, Inc. and Holy Cross Abbey, Inc. will be referred to as Abbey School or School.

On February 11, 1958 Thomas J. Smith, and defendant, James McCabe, each then fourteen years of age, were boarding students at the Abbey School in Canon City, Colorado...

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