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CITY OF COLORADO SPRINGS v. GRUESKIN

No. 21669.

422 P.2d 384 (1966)

CITY OF COLORADO SPRINGS, a Municipal Corporation, Plaintiff in Error, v. Harold GRUESKIN and Dividend Automotive Equipment Company, Defendants in Error.

Supreme Court of Colorado, En Banc.

Rehearing Denied January 23, 1967.

Attorney(s) appearing for the Case

F. T. Henry, Colorado Springs, for plaintiff in error.

Dale L. Holst, Donald E. La Mora, Colorado Springs, for defendants in error.

Donaldson, Hoffman & Goldstein, Denver, A Professional Corporation, amicus curiae.

A. T. Smith, Denver, Gordon H. Mayberry, Houston, Tex., William S. Livingston, Denver, amici curiae.

MOORE, Justice.

Two cases are here consolidated. The issues are the same in each case. The plaintiff in error will be referred to as the City and the defendants in error will be mentioned as defendants.

The City accused the defendants of violating Sections 16-92 and 16-98 of the Code of the City of Colorado Springs on January 18, 1964, by making delivery of a flammable liquid, to-wit: gasoline, from a tank transport truck having a capacity in excess of 2,200...

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