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HUSSER v. SCHOOL DISTRICT NO. 11 IN COUNTY OF EL PASO

No. 20814.

413 P.2d 906 (1966)

Orie E. HUSSER, Plaintiff in Error, v. SCHOOL DISTRICT NO. 11 IN the COUNTY OF EL PASO and State of Colorado, and William H. Preston, Defendants in Error.

Supreme Court of Colorado, In Department.

Rehearing Denied May 23, 1966.

Attorney(s) appearing for the Case

Edwin Strand, Otto K. Hilbert, Colorado Springs, for plaintiff in error.

Murray, Baker & Wendelken, Colorado Springs, for defendant in error School Dist. No. 11 in El Paso County.

Rector & Kane, Colorado Springs, for defendant in error William H. Preston.

FRANTZ, Justice.

Husser sued the School District and Preston for damages for personal injuries which, he alleged, resulted from the negligence of the defendants. Besides the general issue, the defendants pled affirmative defenses of contributory negligence, assumption of risk, and unavoidable accident.

At the conclusion of the evidence, the defendants moved for a directed verdict, and the trial court, in granting the motion stated:

"The Court orders...

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