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Trevino v. Hirsch

492 P.2d 899 (1971)

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Trevino v. Hirsch

Colorado Court of Appeals

492 P.2d 899 (1971)

Facts

Margo Trevino (plaintiff) was two years old and visited a farm with her parents. The farm was owned by John Hirsch (defendant) and operated by Trevino’s grandparents. Several children also resided on the farm, including David, who was 13 years old. Margo’s parents and grandparents gave the children permission to go roast marshmallows. David was having trouble starting the fire. The farm had a gasoline storage tank with a hose. The switch to operate the storage tank was in a locked building, but the hose had a small amount of gasoline that remained inside it. The hose could have been stored in a box that also has a padlock, but it was left out. David poured the gasoline stored in the hose into a tin can and brought it out to the wood. David told the other children to stand back as he prepared to pour the gas onto the wood. A spark from the wood then ignited the gas in the can, and David dropped it into a bucket of water. Some of the burning gas splashed onto Trevino, which caused extensive burns. Trevino, through her parents, sued Hirsch. After the close of Trevino’s case before the jury, Hirsch moved the trial court for a directed verdict. The trial court granted the motion, and Trevino appealed.

Rule of Law

Issue

Holding and Reasoning (Enoch, J.)

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