COOPER v. HOLLIS

No. 78-254.

600 P.2d 109 (1979)

James COOPER, Plaintiff-Appellant, v. John H. HOLLIS and Don Hostetter, d/b/a Don's Kawasaki and Towing Service, Defendants-Appellees.

Colorado Court of Appeals, Div. II.

Rehearing Denied July 19, 1979.


Attorney(s) appearing for the Case

Smith & Selby, Kenneth A. Selby, Alamosa, for plaintiff-appellant.

Yegge, Hall & Evans, John P. Mitzner, Denver, for defendants-appellees.


ENOCH, Judge.

Plaintiff appeals from a directed verdict entered in favor of defendant. We reverse and remand for new trial.

Plaintiff, a well driller, parked his pickup truck, which was specially equipped for use in his drilling operations, on a private road in a rural area on a Friday in anticipation of drilling a well on that property the following Monday. On Sunday, defendant Hollis, while on duty as a police officer, spotted the pickup and, observing the...

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