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JOHNSON v. KRUEGER

No. 74-491.

539 P.2d 1296 (1975)

Ronald W. JOHNSON, a minor by and through his next of friend and natural father, Ronald O. Johnson and Ronald O. Johnson, Plaintiffs-Appellants, v. Warren F. KRUEGER and Doris E. Krueger, Defendants-Appellees.

Colorado Court of Appeals, Div. I.

Rehearing Denied July 22, 1975.

Certiorari Denied September 22, 1975.

Attorney(s) appearing for the Case

Stitt, Wittenbrink & Roan, P.C., R. J. Wittenbrink, Denver, for plaintiffs-appellants.

Yegge, Hall & Evans, Raymond J. Connell, Denver, for defendants-appellees.

Selected for Official Publication.

ENOCH, Judge.

Plaintiff Ronald O. Johnson brought this tort action to recover damages on his own behalf and on behalf of his injured son, plaintiff Ronald W. Johnson (Ron). Plaintiffs appeal from a judgment dismissing their complaint at the close of plaintiffs' evidence in a trial to a jury. We affirm.

Plaintiffs' evidence showed that on the afternoon of September 14, 1972, Ron, then 11 years of age, was playing touch...

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