SCHAFFNER v. SMITH

No. 20912.

407 P.2d 23 (1965)

Charlotte SCHAFFNER, Plaintiff In Error, v. Phyllis Colleen SMITH, a minor, by her mother and next friend, Phyllis M. Smith, and Phyllis M. Smith, Defendants in Error.

Supreme Court of Colorado, In Department.

November 1, 1965.


Attorney(s) appearing for the Case

Yegge, Hall & Shulenburg, Wesley H. Doan, Denver, for plaintiff in error.

Cain, Holland & Tobey, Lakewood, for defendants in error.


SUTTON, Justice.

This is an auto-pedestrian accident case.

We shall refer to the parties by name or as plaintiffs and defendant as they appeared in the trial court.

The complaint was filed in February 1962 naming Phyllis Colleen Smith, a minor (aged 11 years at the time of the accident in 1960) as one plaintiff and her mother, Phyllis M. Smith, as another plaintiff; Charlotte Schaffner, Myer J. Schaffner and Edward J. Ray were named as defendants....

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