King v. Avila

The record discloses that the accident occurred in Alamosa county on December 23, 1950, at about 6:30 oclock P.M. Plaintiff and several of his companions were journeying by auto from Leadville, Colorado, to New Mexico, driving in a southerly direction, and defendants were driving their automobile in a northerly direction. The left front tire on plaintiffs automobile "blew out," and at the time of the accident plaintiff and his companions had removed the tire from the wheel and were repairing it, standing in front of the auto, with the dimmed headlights burning. The highway at the point of the accident was an oiled highway, twenty-two feet in width, and the right wheels of plaintiffs automobile were from two to three feet off the oiled portion of the highway. Defendants were traveling at a speed of thirty to thirty-five miles per hour and had observed the headlights on plaintiffs car for a distance of half a mile or more. Immediately on approaching plaintiffs car, defendants left their lane of travel, crossed the highway, and their car crashed head on into plaintiffs car, with sufficient force to move the latters car backward for a distance of fifteen feet, and seriously injuring plaintiff, who was at the particular moment of the crash directly in front of his own automobile.