In his testimony, the defendant made several admissions. The point of impact of the vehicles was in the lane of travel of the Erickson vehicle. The impact threw the Erickson vehicle up onto the curbing. The defendant's vehicle admittedly hit a chuck hole in the street which threw it out of control and it skidded at least 150 feet before it came into collision with the Erickson vehicle. The defendant's vehicle was traveling south and the Erickson vehicle was traveling north. Donna Erickson, wife of the driver, was also a passenger in the Erickson vehicle. The plaintiff was the passenger in a vehicle which was driven by George Erickson which will be referred to as the Erickson vehicle. The defendant was the only person in his 4 wheel drive "jeep" vehicle. All of the testimony showed that the street was slippery because of snow, ice and some wind. The accident occurred in the early morning hours of December 7, 1957, at a curve on Farragut Street within the city limits of Butte, Montana. This is an appeal by plaintiff from a judgment entered in favor of the defendant upon a verdict of the jury in an action for damages for personal injuries suffered by the plaintiff in an automobile accident. Holland and Frank Burgess, Butte, for appellant. HOSKIN, Defendant and Respondent.ĭavid L.
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