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CAWTHRA v. CITY OF GREELEY

No. 20384.

391 P.2d 876 (1964)

Lillian M. CAWTHRA, Plaintiff in Error, v. CITY OF GREELEY, a Municipal Corporation, Defendant in Error.

Supreme Court of Colorado. In Department.

As Modified on Denial of Rehearing May 18, 1964.

Attorney(s) appearing for the Case

Kenneth N. Kripke, Denver, Raymond R. Pope, Greeley, for plaintiff in error.

Yegge, Hall & Shulenburg, Raymond J. Connell, Denver, for defendant in error.

McWILLIAMS, Chief Justice.

Trial by jury resulted in a verdict in favor of Lillian Cawthra against the City of Greeley in the sum of $6500 as damages for personal injuries suffered by her in a fall on a sidewalk in that city.

Greeley in apt time filed a motion for new trial wherein it averred, among other things, the following:

"4. That during the course of the trial, one of the jurors went to the scene of the accident and observed that the sidewalk...

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