CITY OF ENGLEWOOD v. LINKENHEIL

No. 19522.

362 P.2d 186 (1961)

CITY OF ENGLEWOOD, Colorado, a municipal corporation, Plaintiff in Error, v. George A. LINKENHEIL and Emilie Linkenheil, Defendants in Error.

Supreme Court of Colorado. En Banc.

May 22, 1961.


Attorney(s) appearing for the Case

Joseph W. Esch, Englewood, for plaintiff in error.

Robert H. Close, Englewood, George F. Harsh, Denver, for defendants in error.


DOYLE, Justice.

The parties will be referred to as they were designated in the trial court where defendants in error were plaintiffs and the City of Englewood was defendant. In the original complaints it was alleged that Englewood negligently caused storm damage on the land of the plaintiffs, the Linkenheils, and on that of co-plaintiffs, the Ostrouskys.

At the trial the plaintiffs were allowed to amend their complaints to allege:

"* * * that the...

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