HERBERTSON v. RUSSELL

No. 19691.

371 P.2d 422 (1962)

Fred HERBERTSON and Robert Herbertson, d/b/a Herbertson Sand and Gravel Company, Plaintiffs in Error, v. Amos RUSSELL and Eva Russell, Defendants in Error.

Supreme Court of Colorado. En Banc.

Rehearing Denied May 28, 1962.


Attorney(s) appearing for the Case

Gorsuch, Kirgis, Campbell, Walker & Grover, John L. Ferguson, Denver, for plaintiffs in error.

Martin P. Miller, William S. Hart, Littleton, for defendants in error.


McWILLIAMS, Justice.

In a trial to the court judgment was entered for Amos and Eva Russell against Fred and Robert Herbertson, doing business as Herbertson Sand and Gravel Company and hereinafter referred to as defendant or Herbertson, in the amount of $25,000 for the wrongful and negligent death of their minor daughter, Glenda Sue Russell. By writ of error Herbertson seeks reversal of the judgment, contending: (1) that their agent, one Barksdale, was not negligent...

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