DOWNING v. DILLARD

No. 5378.

232 P.2d 140 (1951)

55 N.M. 267

DOWNING v. DILLARD et al.

Supreme Court of New Mexico.

May 28, 1951.


Attorney(s) appearing for the Case

G.T. Watts, Roswell, for appellants.

Allan D. Walker, Alamogordo, for appellee.

Shipley & Shipley, Alamogordo, for J.W. Robinson, proposed third-party defendant, appearing in trial court only.


McGHEE, Justice.

Two trucks owned respectively by Robinson and Durbin collided on a public highway west of Roswell, New Mexico, while traveling in opposite directions, seriously injuring the plaintiff, Downing, who was then riding as a guest with Robinson.

The trial court found the collision was due to each truck having exceedingly bright lights, which were not dimmed as they approached each other, and each being operated too near the center of the highway...

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