SaBell's, Inc. v. Flens

DUBOFSKY, Justice.

Appellant SaBelPs, Inc., a nursery, sued Jane Flens and Louise Oldham for damages incurred when a horse, owned by Flens and boarded by Oldham, ate trees and shrubs which were part of SaBell’s nursery stock. The trial court granted a judgment on the pleadings in favor of Flens and Oldham, ruling that SaBell’s claim was barred by its failure to maintain a lawful fence in accordance with section 35 — 46-101, et seq., C.R.S. 1973, the Colorado Fence Law. 1 The Court of Appeals affirmed the trial court’s judgment, 42 Colo.App. 421, 599 P.2d 950 (1979), and we affirm the judgment…