KLUGE v. WILSON

No. 22308.

448 P.2d 786 (1968)

James KLUGE and David Kluge, minors, by and through their father and next friend, James E. Kluge, and James E. Kluge, Plaintiffs in Error, v. Glenn R. WILSON, Defendant in Error.

Supreme Court of Colorado, In Department.

December 23, 1968.


Attorney(s) appearing for the Case

Myrick, Criswell & Branney, William F. Klas, Englewood, for plaintiffs in error.

Weller, Friedrich & Hickisch, William H. Hazlitt, Denver, for defendant in error.


DAY, Justice.

The action in the district court arose out of personal injuries sustained by two minor plaintiffs, James and David Kluge, when an earthen embankment on which they were playing collapsed. The embankment was located on the property of the defendant in error, Glenn R. Wilson, who was the defendant below.

After the original and the first amended complaint had been dismissed by the court with leave in both instances to file a new complaint, the court...

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