Gil L. Alquero and Joyce Alquero v. Augustin B. Duenas, Rosita D. Duenas and Capital Insurance and Surety Company, a Foreign Corporation

Gil L. Alquero on a motor scooter collided with the Dueñas family car driven by the wife, Rosita. The collision hapened on May 1, 1961, on a paved country road in Guam running from the village of Sinajana to the village of Afame. The accident occurred as the two vehicles approaching each other met at the top of a hill. The scene was in rolling hill country and there was considerable tropical growth on both sides of the road. The car and the scooter had been climbing (the car more so) to reach the top of the hill. The paved road surface was apparently about 13 feet six inches wide at the point of impact. At some points in the vicinity the pavement was as much as 15 feet wide. At no point is it indicated it was less than 13 feet. The pictures of the scene would indicate gravel on either side about level with the road.

Mrs. Dueñas, a short woman, was at the wheel of a Pontiac sedan six feet four inches wide. There can be little doubt that her visibility of any oncoming traffic from the other side of the hill was somewhat restricted as she sat at the wheel due to the angle of the hill and her shortness. The greatest width of the scooter was at the handle bars: 28 inches. It would…