Sprague v. Herbel

G. F. HERBEL recovered judgment in the sum of $300 and costs against A. M. Sprague in the county court of Weld county for damages to his automobile claimed to have been caused by defendant's negligence in permitting a motor truck to remain after dark and without lights upon the traveled portion of a county road near La Salle, Colorado. The suit originated in the justice court and was appealed to the county court by the defendant and there by agreement tried to the court de novo, and without written pleadings.

The record presents the single question: Was the plaintiff guilty of contributory…