Swenson v. LaShell, 15853.
| Citation | 195 P.2d 385,118 Colo. 333 |
| Decision Date | 21 June 1948 |
| Docket Number | 15853. |
| Parties | SWENSON v. LASHELL et al. |
| Court | Colorado Supreme Court |
Error to District Court, City and County of Denver; Francis J Knauss, Judge.
Action by Arthur E. Swenson against Ted LaShell, the City and County of Denver, a municipal corporation, and The Daniels & Fisher Stores Company, a corporation, to recover for injuries sustained by plaintiff in fall on icy sidewalk. To review an adverse judgment, the plaintiff brings error.
Judgment affirmed.
Omar E Garwood and Robert S. Mitchell, both of Denver, for plaintiff in error.
Ivor O Wingren and Earle F. Wingren, both of Denver, for defendants in error Ted LaShell and Daniels & Fisher Stores Co.
Malcolm Lindsey and Wayne D. Williams, both of Denver, for defendant in error City and County of Denver.
These parties are hereinafter referred to as Swenson, LaShell Denver and D. & F., respectively.
Swenson sued defendants in error for personal injury occasioned by falling on an icy sidewalk. At the close of his evidence the court sustained motions for directed verdicts against him and to review the judgment entered accordingly he prosecutes this writ, assigning as errors the orders for judgment in favor of each defendant, the exclusion from evidence of a portion of a map and testimony concerning the slope of a certain ramp. The first of these presents only the question of the sufficiency of the evidence.
D. & F. owned the property adjoining the sidewalk on which Swenson was injured. Under lease from them LaShell operated thereon a parking lot for automobiles. There is but one entrance for cars thereto which is over said sidewalk. The complaint charged that in bad weather cars crossing this sidewalk caused an accumulation of ice and snow thereon which, if not promptly removed, became dangerous to pedestrians and that plaintiff's fall and injuries were caused by the negligence of defendants in permitting snow and ice to so accumulate and remain. There is no claim of any defect in sidewalk or driveway.
An ordinance of Denver requires that property owners, or occupants, 'after any fall of snow shall cause the same to be immediately removed from the sidewalks' and for failure so to do may be fined 'not less than five dollars nor more than fifty dollars.' LaShell's lease provided that he would obey all statutes and ordinances concerning the clearing of sidewalks. There is no statute on the subject.
Plaintiff's injury occurred about 11:00 a. m. January 11 1946...
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...authority to impose civil liability. Quintano v. Industrial Commission, 178 Colo. 131, 495 P.2d 1137 (1972). See also Swenson v. LaShell, 118 Colo. 333, 195 P.2d 385 (1948). a violation of section 24-34-801 rendering such a violation a misdemeanor. Nonetheless, the plaintiff argued that a p......
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