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NETTROUR v. J.C.PENNEY COMPANY

No. 19187.

360 P.2d 964 (1961)

David NETTROUR, by his next friend, Ray Nettrour, and Ray Nettrour, individually, Plaintiffs in Error, v. J. C. PENNEY COMPANY, Inc., a corporation, Defendant in Error.

Supreme Court of Colorado, In Department.

April 3, 1961.

Attorney(s) appearing for the Case

Smith, Pyle, Johnson & Makris, Denver, for plaintiffs in error.

Wood, Ris & Hames, Denver, for defendant in error.

MOORE, Justice.

Plaintiff in error, David Nettrour, to whom we will refer as David, was five years of age at the time of the accident giving rise to this action. He seeks to recover damages for personal injuries sustained by him while riding on an escalator on the store premises of defendant in error, hereinafter referred to as Penney. The issues raised by the pleadings are the usual ones pertinent to actions to recover for personal injuries. Penney denied negligence...

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