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Trevino v. Hirsch

Colorado Court of Appeals

492 P.2d 899 (1971)

Relevant factsFree

Two-year-old Trevino (plaintiff) was burned when a 13-year-old, unable to start a marshmallow fire, retrieved leftover gasoline from an unlocked hose on farm owner Hirsch's (defendant) property, poured it into a can, and after a spark ignited it, dropped the burning can into a water bucket, splashing burning gas onto Trevino; her parents sued Hirsch for negligently failing to secure the gasoline hose, and the trial court granted Hirsch a directed verdict after the close of Trevino's case.

IssueFree

Whether, to establish liability in a negligence case, the plaintiff must prove the defendant's negligence was a substantial factor in causing the injuries.

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