[Download] "Fox v. Martens" by Colorado Supreme Court # Book PDF Kindle ePub Free
eBook details
- Title: Fox v. Martens
- Author : Colorado Supreme Court
- Release Date : January 02, 1955
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 49 KB
Description
Plaintiff, Marticia Fox, and defendant, Martens, are owners of adjoining properties which they occupy in the town of Burlington, Colorado. Defendant constructed a cement driveway, or an approach to his garage, on the south line of his property and the extreme south edge thereof parallels the boundary line between his property and that of plaintiff. Defendant occasionally washed, or permitted the washing of his automobiles on the driveway, and the water from the operation run over and onto a part of the rear of plaintiffs premises. June 4, 1953, defendants boy was washing an automobile at this place and plaintiff observed the operation and talked to the boy about it, while she never made any complaint to defendant at any time about the condition she alleged was created by this overflow of water. June 5, 1953, the day following, plaintiff observed that a sprinkler on a hose she was using to irrigate her garden had overturned and she rushed out of her place to adjust the hose and in doing so, deliberately and knowingly, went across the part of her premises that she knew was muddy and slippery, and, as she alleged and testified, slipped and fell backwards, injuring herself, for which she filed a complaint in damages against defendant on October 5, 1953.