MOSKO v. WALTON

No. 19030.

358 P.2d 49 (1960)

Max MOSKO, Lillian Meltz Mosko and Nick Huber, Plaintiffs in Error, v. Bessie M. WALTON and Henry B. Carnes, doing business as B & M Service Company, Defendants in Error.

Supreme Court of Colorado, In Department.

Rehearing Denied January 16, 1961.


Attorney(s) appearing for the Case

Mosko & Slatkin, Denver, C. V. Marmaduke, Glenwood Springs, for plaintiffs in error Max Mosko and Lillian Meltz Mosko.

Robinson & Curran, Denver, for plaintiff in error Nick Huber.

E. B. Evans, Martin A. Kane, Denver, for defendants in error.


SUTTON, Chief Justice.

The parties appear in inverse order to their appearance in the trial court and will be referred to as they there appeared or by name.

Plaintiffs were awarded $20,000.00 for damage to their property located in Rangely, Colorado, alleged to have been caused by defendants' negligence in the continued use of a leaking water pipe. They contended that water leaking from the pipe in question had flooded the subsurface strata and caused their...

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