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CITY OF COLORADO SPRINGS v. ELLSWORTH

No. C-513.

529 P.2d 646 (1974)

The CITY OF COLORADO SPRINGS, a Municipal Corporation, Petitioner, v. Betty A. ELLSWORTH, Respondent.

Supreme Court of Colorado, En Banc.

Rehearing Denied January 13, 1975.

Attorney(s) appearing for the Case

Gordon D. Hinds, City Atty., Colorado Springs, and Horn, Anderson & Johnson, Gregory L. Johnson, Colorado Springs, for petitioner.

Myrick & Newton, P. C., William E. Myrick, Theodore M. Smith, Denver, for respondent.

DAY, Justice.

We granted certiorari to review a decision of the Court of Appeals which affirmed a trial court judgment for Ellsworth in Ellsworth v. City of Colorado Springs, Colo.App., 522 P.2d 123 (1974).

This is a wrongful death action brought by the decedent's widow Ellsworth against the city of Colorado Springs ("the city"). In July 1969, Lawrence Ellsworth died as a result of a natural gas explosion. He had been working...

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