Dolan v. Mitchell

We will refer to the parties as they appeared in the trial court, where the defendant in error, Alice C. Mitchell, was the plaintiff, and the plaintiff in error, Stanley T. Dolan, was the defendant.

The plaintiff brought this action to recover for the “wrongful death” of her husband, James Mitchell, who died as a result of an automobile accident which involved two vehicles. The accident occurred on U.S. Highway 287, approximately one mile east of Laporte, Colorado, on a rainy summer afternoon. The widow claimed that her deceased husband was proceeding east in the south lane of the highway at…