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ELLSWORTH v. CITY OF COLORADO SPRINGS

No. 73-124.

522 P.2d 123 (1974)

Betty A. ELLSWORTH, Plaintiff-Appellee, v. The CITY OF COLORADO SPRINGS, Colorado, a municipal corporation, Defendant-Appellant.

Colorado Court of Appeals, Div. II.

Rehearing Denied April 9, 1974.

Certiorari Granted June 3, 1974.

Attorney(s) appearing for the Case

Myrick & Newton, P. C., William E. Myrick, Theodore M. Smith, Denver, for plaintiff-appellee.

Gordon D. Hinds, City Atty., Horn, Anderson & Johnson, Louis Johnson, Colorado Springs, for defendant-appellant.

Selected for Official Publication.

RULAND, Judge.

Defendant-appellant (City) appeals from a judgment for plaintiff-appellee in an action for wrongful death. We affirm.

The record reflects that the City engaged Tiago Construction Company to install storm sewer drains on a street owned by the City. The decedent, Lawrence J. Ellsworth (husband of plaintiff), was employed by Tiago on this project.

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