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REMLEY v. NEWTON

No. 19401.

364 P.2d 581 (1961)

Gary Alan REMLEY, by his mother and next friend, Ethel M. Remley, and Ethel M. Remley and Clarence C. Remley, Plaintiffs in Error, v. Don NEWTON and Helen Newton; and Don Newton and Helen Newton, a partnership, doing business as Ferncliff Guest Ranch, Defendants in Error.

Supreme Court of Colorado. In Department.

Rehearing Denied September 18, 1961.

Attorney(s) appearing for the Case

Kenneth N. Kripke, Denver, Ryan, Sayre, Martin & Hansen, Boulder, for plaintiffs in error.

Darwin D. Coit, John E. Walberg, Denver, for defendants in error.

MOORE, Justice.

This is an action by Gary Alan Remley, a minor child, and his parents to recover damages arising out of personal injuries sustained by the child at a time when they were "paying guests" and "business invitees" at a summer resort operated by Don Newton and Helen Newton.

At the conclusion of the evidence offered by plaintiffs bearing on the question as to the liability of the Newtons, counsel for defendants moved for a directed verdict on the...

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