Petry v. City & County of Denver

Originally, I concurred in an opinion affirming the judgment. On further consideration, however, I am-constrained to believe that I proceeded in error. First of all, as seems clear, the trial court, proceeding thereto notwithstanding -the pleadings tendered a material issue of fact for determination, erroneously granted a motion interposed by defendant in error for judgment on the pleadings. That alone, as I conceive, should move us to order reversal of the judgment. See, Neuhaus v. Colorado Herald Publishing Co., 112 Colo. 371, 149 P; (2d) 656, and cases cited there. Moreover, as my present *518s…