Clark v. Fellin

Plaintiff Fellin obtained a seven thousand dollar judgment against defendant Clark for damages for personal injuries. The latter brings the cause here, seeking a reversal of the judgment. Fellin, while walking across a street, midway in a block in the business district of Ouray, at half past midnight, was hit by a car driven by defendant. Both plaintiff and defendant were proceeding to a fire when the accident occurred, plaintiff as a spectator and defendant as a member of the Ouray volunteer fire department. Defendant claimed that the car which he was driving at the time of the accident was an authorized emergency vehicle under the terms of section 1, chapter 288, S.L. 51, and as defined in section 77 (a), chapter 16, 35 C.S.A.