York v. Alho

GIVENS, J. —

Appellant was driving his own automobile west from Wallace to Kellogg on the Yellowstone Trail, the paved portion being approximately 18 feet wide, with a graveled berm extending on each side about six feet, sloping gradually to the natural soil which was gravelly and frozen, it being about 75 feet from the pavement, to the fence on the south side of the road, about 10 o’clock A. M., November 23, 1928, at a speed variously estimated at from 15 to 35 miles per hour. On a slight downgrade where the pavement was covered with ice and slippery from rain and sleet which had fallen the…