SaBELL'S, INC. v. FLENS

No. 78-921.

599 P.2d 950 (1979)

SaBELL'S, INC., a Colorado Corporation, Plaintiff-Appellant, v. Jane FLENS, Defendant and Third-Party Plaintiff-Appellee, v. Louise OLDHAM, Defendant and Third-Party Defendant-Appellee.

Colorado Court of Appeals, Div. II.

Rehearing Denied May 24, 1979.

Certiorari Granted August 20, 1979.


Attorney(s) appearing for the Case

David L. Kofoed, P.C., Roger T. Castle, Denver, for plaintiff-appellant.

Michael J. Barbo, Denver, for defendant and third-party plaintiff-appellee.

Yegge, Hall & Evans, Gail A. Laxalt, Denver, for defendant and third-party defendant-appellee.


ENOCH, Judge.

Plaintiff sued for damages incurred when a horse, owned by defendant Jane Flens and boarded by defendant Louise Oldham, trespassed on plaintiff's land and destroyed part of plaintiff's nursery stock. The trial court granted defendants' motions for judgment on the pleadings, and plaintiff appeals. We affirm.

For purposes of this review we accept as true the allegations in plaintiff's complaint. Plaintiff, a landscape contractor, maintained a plant...

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