Barnes v. Wright

For damages resulting from an automobile accident on the 29th day of July, 1948 at the intersection of East 13th Avenue and Clermont Street in Denver, Colorado, defendant in error, as plaintiff, filed her complaint against the defendants -- now plaintiffs in error -- in the district court on December 4, 1948. She alleged that the negligence of Catherine C. Barnes, the driver of the other automobile involved in the accident, was the proximate cause of the collision in that: She was operating her automobile in a careless manner and at a speed in excess of twenty-five miles per hour, the limit provided by ordinance; that she failed to keep a reasonable and prudent lookout for traffic on the road; and failed to have her automobile under reasonable control so as to have been able to stop the same or swerve it and thereby avoid the collision; she prayed for damages in the sum of $16,300 and a restraining order against defendants from proceeding with or prosecuting an action they had instituted in the justice court against her for damages to defendants automobile. The trial court entered its order enjoining defendants from proceeding with the case in the justice court until the cause now pending in the district court be finally adjudicated and determined.