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GEMAEHLICH v. TOWN OF HOLYOKE

No. 71-148. (Supreme Court No. 24165.)

486 P.2d 34 (1971)

Henry GEMAEHLICH, Plaintiff in Error, v. The TOWN OF HOLYOKE, Colorado, a municipal corporation, and Safeway Stores, Inc., Defendants in Error.

Colorado Court of Appeals, Div. II.

June 8, 1971.

Attorney(s) appearing for the Case

Sherman E. Walrod, Holyoke, Francis A. Benedetti, Wray, for plaintiff in error.

Kreager, Sublett & Dowis, Graydon F. Dowis, Jr., Sterling, for defendant in error Town of Holyoke.

Wood, Ris & Hames, David M. Bryans, Denver, for defendant in error Safeway Stores, Inc.

Not Selected for Official Publication.

PIERCE, Judge.

This case was transferred from the Colorado Supreme Court pursuant to statute.

This is a slip and fall case. Plaintiff was injured on a public sidewalk in front of the Safeway Store in Holyoke, Colorado, on January 17, 1966, at 10:00 a.m., as he returned to his car from the store with a box of groceries. At the time of the accident, approximately one-third of the sidewalk nearest the street was...

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