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KERSHNER v. TOWN OF WALDEN

No. 18811.

355 P.2d 77 (1960)

Faye M. KERSHNER, Plaintiff in Error, v. TOWN OF WALDEN, Colorado, a Municipal Corporation, and Russell Crowder, Mayor, and Chauncey Mankins, Earl Harris, Jr., Carley Norris, Max Hauptman, James C. Pitcher and John Chedsey, City Councilmen of the Town of Walden, Colorado, Defendants in Error.

Supreme Court of Colorado. In Department.

September 6, 1960.

Attorney(s) appearing for the Case

Waldo Riffenburgh, Fort Collins, for plaintiff in error.

John A. Price, Walden, for defendants in error.

HALL, Justice.

The parties appear here in the same order they appeared in the trial court. We refer to them as plaintiff and defendants or the Town.

Plaintiff sought to recover from the Town damages caused by sewage backing up in the Town sewer and flooding the basement in her home. She charges the Town with negligence in the construction and maintenance of a sanitary sewer adjacent to her home and to which her home was connected. Plaintiff also sought a permanent...

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