Gallavan v. Hoffner

Opinion by

Mr. Justice Frantz.

Should the trial court have granted a continuance on the second day of the trial when it was made to appear by the motion of the attorney for Mrs. Gallavan that she was hot able to be present, having been admitted to St. Luke’s Hospital in Denver the preceding midnight? A proper resolution of this question involves a brief recitation of facts.

The case was set for trial before a jury for May 15, 1962, at 9:00 A.M. in Greeley, Colorado. At approximately 8:45 A.M. on the day. of trial, Mrs. Gallavan fell in the ladies’ rest room at the Greeley Courthouse and injured…