SULLIVAN v. LAMAN

No. 19971.

375 P.2d 92 (1962)

Kaye M. B. SULLIVAN, Plaintiff in Error, v. Roy T. LAMAN, Defendant in Error.

Supreme Court of Colorado. In Department.

October 1, 1962.


Attorney(s) appearing for the Case

James H. Rogers, Denver, for plaintiff in error.

Yegge, Hall & Shulenburg, Raymond J. Connell, Denver, for defendant in error.


McWILLIAMS, Justice.

The trial court over timely and appropriate objection gave an instruction to the jury defining so-called "unavoidable accident." We conclude that under the circumstances of the case it was error to so do, and accordingly the judgment must be reversed and the cause remanded for a second trial.

The action stems from an automobile collision which occurred on March 24, 1960 at about 5:10 P.M. on East 14th Avenue between Lafayette and Humboldt...

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