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eBook details

• Title: Powell v. City of Ouray
• Author : Colorado Supreme Court
• Release Date : January 30, 1973
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 55 KB

Description

On the day of the accident, plaintiff and her husband were on a sight-seeing trip in the Ouray area on a motorcycle owned by and titled in the husband. Their travels took them on a road which goes up to a narrow bridge crossing over a river, and into the mountains. While approaching the river Mr. Powell, the driver of the motorcycle, saw a jeep pickup truck at least 500 feet ahead of him, parked on the bridge. Uncontradicted testimony establishes that he pulled his motorcycle to the side of the road well off the traveled portion, and waited to see what the driver of the jeep would do. In the meantime, Southward, the driver of the jeep, began to back the jeep off the bridge. He testified that although he had seen the motorcycle prior to his leaving the bridge, he lost sight of it while backing up and presumed it had either left the street or pulled into a nearby motel. The evidence is contradictory as to whether Southward backed his truck directly into the motorcycle or whether he was backing his truck toward the motorcycle and at the last instance swerved into the motorcycle. However, it is undisputed that he did hit the motorcycle, and that he did not see or hear the efforts of plaintiff and her husband to attract his attention prior to the accident. The motorcycle was knocked over on top of Mrs. Powell and the alleged injuries resulted. Mr. Powell escaped the accident without injury.

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