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Francisco v. Cascade Investment Co.

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eBook details

  • Title: Francisco v. Cascade Investment Co.
  • Author : Colorado Court of Appeals
  • Release Date : January 15, 1971
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 58 KB

Description

After plaintiff filed his complaint, the City answered, and the case was tried to a jury. In presenting his case, the plaintiff offered evidence on the issues of negligence and damages. He then offered in evidence Exhibits M and N to prove that he had given the City notice of his injuries as required by the City Charter. The City objected to the admission of these exhibits on two grounds: (1) that plaintiff had failed to allege in the complaint that notice had been given to the City, and (2) that plaintiff had failed to include Exhibits M and N in the list of exhibits which he filed pursuant to Local Rule 27 of the Denver District Court. When this objection was made, plaintiff moved to amend his complaint to meet the Citys objection that notice had not been alleged. The court refused to permit the amendment, and refused to admit the exhibits into evidence.


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