Toland v. Strohl

This action is before us on a writ of error to the district court wherein Strohl sought and obtained extraordinary relief under Rule 106 from an adverse judgment of Toland, as justice of the peace. The district court ruled that Toland was without jurisdiction to hear the case. Toland seeks review.

Strohl was involved in an automobile accident shortly before midnight on May 10, 1959, on U.S. Highway 24, East of Vona in Kit Carson County, Colorado. A Highway Patrolman, called to the scene by a passerby, arrived after midnight on May 11, 1959, where he interviewed both parties and observed the…