HOUSER v. ECKHARDT

No. 22261.

450 P.2d 664 (1969)

W. L. HOUSER, Plaintiff in Error, v. Wilbert M. ECKHARDT, Defendant in Error.

Supreme Court of Colorado, En Banc.

Rehearing Denied March 10, 1969.


Attorney(s) appearing for the Case

March, March & Sullivan, John David Sullivan, Fort Collins, for plaintiff in error.

Alden T. Hill, Ralph H. Coyte, Alden V. Hill, Fort Collins, for defendant in error.


LEE, Justice.

Plaintiff in error, W. L. Houser, was plaintiff and defendant in error, Wilbert W. Eckhardt, was defendant in the trial court. They will be referred to as "plaintiff" and "defendant" respectively herein.

Plaintiff's claim for relief is based upon negligence which defendant generally denied. Defendant alleged the affirmative defense of contributory negligence. After trial a defendant's verdict was returned by the jury. Plaintiff's motion for a...

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