HAWKINS v. CHANDLER

No. 9370.

396 P.2d 123 (1964)

James HAWKINS, Plaintiff-Respondent, Cross-Appellant, v. Melvin CHANDLER, dba Chandler's Wrecking Service, Defendant-Respondent, and J. Lew Papes, Defendant-Appellant.

Supreme Court of Idaho.

Rehearing Denied November 10, 1964.


Attorney(s) appearing for the Case

E. L. Miller, Coeur d'Alene, for appellant.

James W. Ingalls and Charles H. Kimball, Coeur d'Alene, for respondent, cross-appellant Hawkins.

Brown, Peacock & Keane, Kellogg, for respondent, Chandler.


TAYLOR, Justice.

On the evening of November 24, 1961, plaintiff Hawkins (respondent and cross-appellant) was driving his automobile north on U.S. Highway 95, traveling from Potlatch toward Tensed. Snow had been plowed off the road so that both lanes were open. The surface was icy and slick. From the summit of what is known as Marsh Hill, the road descends toward the north. At the scene of the accident the grade averaged about 6%. After a slight turn to the left, for...

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