Smith v. McCabe

Opinion by

Mr. Justice Knauss.

The parties appear here as they appeared in the trial court. They will be referred to as they there appeared or by name, except that the Benedictine Fathers, Inc., and Holy Cross Abbey, Inc., will be referred to as Abbey School or School.

On February 11, 1958, Thomas J. Smith and defendant, James McCabe, each then fourteen years of age, were boarding students at the Abbey School in Canon City, Colorado.

Defendant, Eugene McCabe, is the father of James McCabe.

The complaint was filed by Orin S. Smith, father of Thomas Smith, as his next friend, for damages for…