ELLIOTT v. HILL

No. 19636.

366 P.2d 663 (1961)

Helen ELLIOTT and Earl Elliott, Plaintiffs in Error, v. George A. HILL, doing business as George A. Hill Engineering and Supply Co., Defendant in Error.

Supreme Court of Colorado. In Department.

December 11, 1961.


Attorney(s) appearing for the Case

Patrick H. Slattery, Kansas City, Mo., Elizabeth L. Guyton, Rocky Ford, for plaintiffs in error.

Phelps, Fonda & Hays, Pueblo, for defendant in error.


MOORE, Justice.

We will refer to the parties as they appeared in the trial court where plaintiffs in error were plaintiffs and defendant in error was defendant.

On November 21, 1956, and shortly prior thereto, defendant was engaged in the construction of a curb and gutter along the north side of a public school building in La Junta, Colorado. Plaintiffs are husband and wife. They alleged in their complaint that in the construction of said curb and gutter defendant...

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