MARTINEZ v. HUERTA

No. 20655.

396 P.2d 237 (1964)

Joseph Lee MARTINEZ, a minor, by his mother and next friend. Katherine Martinez, Plaintiff in Error, v. Reyes A. HUERTA, Defendant in Error.

Supreme Court of Colorado. In Department.

Rehearing Denied November 16, 1964.


Attorney(s) appearing for the Case

Robert E. McLean, Marjorie Worland McLean, Denver, Benjamin W. Fann, Colorado Springs, for plaintiff in error.

Burnett, Watson & Horan, Denver, for defendant in error.


MOORE, Justice.

The parties are here in the same order as they appeared in the trial court and we will refer to them as plaintiff and defendant.

On October 15, 1961, plaintiff was a child of the age of two years and three months. On that date he suffered injuries allegedly caused by the negligence of defendant while backing his automobile from the place where it had been parked. Defendant by answer denied all the allegations of the complaint and alleged contributory...

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