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STATE v. NICHOLL

No. 19763.

370 P.2d 888 (1962)

STATE of Colorado, Plaintiff in Error, v. David L. NICHOLL and Helen M. Nicholl, Defendants in Error.

Supreme Court of Colorado. In Department.

April 23, 1962.

Attorney(s) appearing for the Case

Duke W. Dunbar, Atty. Gen., Frank E. Hickey, Deputy Atty. Gen., W. H. Moulton, Asst. Atty. Gen., Denver, for plaintiff in error.

Earl J. Hower, Fred M. Winner, Denver, for defendants in error.

DAY, Chief Justice.

This action involved flood damage to the property of the defendants in error as a result of the breaking of a dam commonly known as "Georgetown Dam". The dam was constructed by and under the supervision of the Colorado Fish and Game Commission, an agency of the State, and consent of the State to be sued was granted by the General Assembly. The court concluded that liability existed, and this determination is not contested. The only matter sought...

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