Elliott v. Hill

Opinion by

Mr. Justice Moore.

We will refer to the parties as they appeared in the trial court where plaintiffs in error were plaintiffs and defendant in error was defendant.

On November 21, 1956, and shortly prior thereto, defendant was engaged in the construction of a curb and gutter along the north side of a public school building in La Junta, Colorado. Plaintiffs are husband and wife. They alleged in their complaint that in the construction of said curb and gutter defendant caused an excavation to be made at or near a point where pedestrians seeking to enter the school building might, and…