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MONTOYA v. BESSEMER IRRIGATING DITCH CO.

No. 78-1063.

592 P.2d 24 (1979)

Bennie MONTOYA and Santiago Montoya, Plaintiffs-Appellants, v. BESSEMER IRRIGATING DITCH COMPANY, Defendant-Appellee.

Colorado Court of Appeals, Div. III.

March 1, 1979.

Attorney(s) appearing for the Case

Yaklich & Davis, Albert G. Davis, Pueblo, for plaintiffs-appellants.

Petersen & Fonda, P. C., Lawrence J. Simons, Pueblo, for defendant-appellee.

RULAND, Judge.

This is an action by plaintiffs, Bennie and Santiago Montoya, to recover damages for the death of their 26-year-old son, David, who drowned in the defendant's ditch. The jury returned a verdict allocating comparative negligence of 40% to the decedent. The sole issue on appeal is whether the trial court erred in striking from plaintiffs' complaint prior to trial the allegations that defendant had violated the provisions of § 37-84-110, C.R.S.1973...

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