Carroll v. Fitzsimmons

Opinion by

Mr. Justice Hall.

The parties appear here in the same order as in the trial court. We refer to them as plaintiff and defendants.

Plaintiff in his complaint seeks damages for personal injuries arising out of the alleged negligence of defendants.

Defendants filed motions to dismiss the complaint for failure to state a claim upon which relief can be granted. Orders were entered granting these motions. No judgment- of dismissal was entered.

The plaintiff is here by writ of error seeking reversal.

In Marzec v. Fremont County, 136 Colo. 250, 315 P. (2d) 987, this court said:

“ * * * There is…