City of Victor v. Smilanich
Supreme Court of Colorado
Appeal from Teller District Court. — Hon. John W. Sheafor, Judge. Appellee, as plaintiff, by his next friend , brought suit against the city of Victor to recover damages sustained by the alleged negligence of the latter. The trial resulted in a verdict and judgment in favor of plaintiff, in the sum of $7,500, from which the defendant has appealed.
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Appeal from Teller District Court. — Hon. John W. Sheafor, Judge. Appellee, as plaintiff, by his next friend , brought suit against the city of Victor to recover damages sustained by the alleged negligence of the latter. The trial resulted in a verdict and judgment in favor of plaintiff, in the sum of $7,500, from which the defendant has appealed. The complaint alleged, in substance, that plaintiff, at the time the injury was sustained, was about four and a half years, of age; that at this time the city was engaged in extending its municipal water system by constructing a ditch through the…
1Opinion of the CourtJustice Gabbert
The contention of counsel for the city is (1) that Willie should not have been permitted to testify; and (2) that the evidence is insufficient to sustain the verdict, because it fails to -establish negligence of the city.
*483Our statute, section 7273, R. S. 1908, provides that “children under ten years of age who appear incapable of receiving just impressions of the facts respecting which they are examined, or of relating them truly,” shall not be witnesses. This provision does not apply to all children under ten years of age, but onfy to those under that age who' “appear incapable of receiving…
2Cases cited2 opinions
- Colorado Midland Railway Co. v. SniderSupreme Court of Colorado · 1906
- United States v. Pacific Express Co.District Court, D. Kansas · 1883
3Cited by16 opinions
- Jordan v. PeopleSupreme Court of Colorado · 1966
- Berger v. PeopleSupreme Court of Colorado · 1950
- Clews v. PeopleSupreme Court of Colorado · 1962
- Mathis v. Granger Brick & Tile Co.Washington Supreme Court · 1915
- Ward v. Teller Reservoir & Irrigation Co.Supreme Court of Colorado · 1915
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