IRWIN v. GRAHAM

No. 6129.

304 P.2d 875 (1956)

62 N.M. 72

A.L. IRWIN, and Fireman's Fund Indemnity Company, Plaintiffs-Appellees, v. John H. GRAHAM, and Colorado Constructors, Inc., Defendants-Appellants.

Supreme Court of New Mexico.

Rehearing Denied January 4, 1957.


Attorney(s) appearing for the Case

Rodey, Dickason, Sloan, Mims & Akin, James C. Ritchie, Albuquerque, for appellants.

McAtee, Toulouse & Marchiondo, Albuquerque, for appellees.


McGHEE, Justice.

The plaintiffs recovered judgment against the defendants for damages to plaintiff Irwin's truck as the result of a collision with a truck owned by defendant Colorado Constructors, Inc., and driven by defendant Graham. The defendants have appealed from said judgment.

The collision occurred on a private road constructed by Colorado Constructors for the purpose of hauling rock from a quarry to a damsite some fourteen miles distant. The point...

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