Ellsworth v. Colorado Beverage Company

Opinion by

Mr. Justice Moore.

Plaintiff in error Ellsworth, as plaintiff in the trial court, brought action against the defendants in error in which he sought to recover damages for injuries allegedly sustained in a “slip and fall” accident on premises adjacent to real estate occupied by the Colorado Beverage Company, Inc., and owned by Paul B. Hill and Glen S. Bishop in Colorado Springs.

It was alleged in the complaint that the Beverage Company was the lessee of the premises described; that Hill and Bishop were the owners thereof; that, although a certain areaway is a public sidewalk, the…