City & County of Denver v. Stutzman

The defendant in error, Mrs. Stutzman, plaintiff below, recovered a judgment for $1,128.50' against the City and County of Denver (hereinafter called the city) for her daughter’s death, alleged to be due to the city’s negligence. The city seeks reversal.

On June 28, 1931, Nellie Dietrich, the daughter, aged fifteen, accompanied by other girls, was wading and playing in what is commonly called the Platte river, the bed of which at that point in South Denver belonged to the city. She and another girl walked toward the bank when they stepped into a hole and sank. The companion was rescued, but…