Moses v. City & County of Denver

The plaintiff Moses was injured and his automobile destroyed in a collision on a public street in the City and County of Denver with a motor vehicle belonging to the fire department of the municipality, which, at the time, was being driven by one of its employes, and in its business. To the complaint alleging the foregoing facts, the defendant filed a general demurrer which the court sustained and dismissed the action.

The question for decision is whether the city is liable for the alleged injury. Counsel for plaintiff,'in the beginning of his argument on the law of the case, admits that the…