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CERISE v. FRUITVALE WATER AND SANITATION DISTRICT

No. 20630.

384 P.2d 462 (1963)

LeRoy CERISE and Juanita Cerise, Plaintiffs in Error, v. FRUITVALE WATER AND SANITATION DISTRICT, Defendant In Error.

Supreme Court of Colorado. En Banc.

August 19, 1963.

Attorney(s) appearing for the Case

John C. Lafferty, Grand Junction, for plaintiffs in error.

Helman, Younge, Hockensmith & Stacey, Grand Junction, for defendant in error.

MOORE, Justice.

We will refer to plaintiffs in error as plaintiffs or by name. It was alleged in the complaint filed by them that the defendant sanitation district negligently removed a manhole cover from a public thoroughfare and "negligently failed and neglected to warn the plaintiff LeRoy Cerise of said removal and of the open manhole situate at said place, but left said manhole openly exposed in violation of the defendant's duty * * *"; and that LeRoy Cerise suffered...

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