WEESE v. STODDARD

No. 6087.

312 P.2d 545 (1956)

63 N.M. 20

Frank WEESE and Bertha Weese, his wife, Plaintiffs-Appellees, v. Russell STODDARD, Individually, W.J. Sink, Individually, and V.C. Steele, Roscoe C. Vaughn, Roy G. Preston, W.A. Wiseman, F.W. Wiseman, Russell Stoddard, NYLE Weese, J.G. Irwin, Rexford Jones, Clifford Holder, Ed Frieze, Henry Gresham, Otho Wiseman, Bosko Krivokapich, Fred Snyder, Jr., William Morgan, Russell Frazier, Earl Jones, Carl Crist, Robert Cresswell, and Arold Weese, as members of John Duffy Post No. 51 of the American Legion, an unincorporated association, and for and on behalf of all members of John Duffy Post No. 51 of The American Legion, an unincorporated association, Defendants-Appellants.

Supreme Court of New Mexico.

Rehearing Denied June 11, 1957.


Attorney(s) appearing for the Case

Willard F. Kitts, Iden & Johnson, Albuquerque, for appellants.

Robert A. Morrow, Raton, for appellees.


COMPTON, Chief Justice.

Appellees brought a class action for damages against the members of John Duffy Post No. 51 of The American Legion, an unincorporated association, for personal injuries allegedly caused by the negligence of one of its members. The trial court awarded judgment against the members of the Post, jointly and severally, and they appeal.

The facts are not in dispute. The Post had 67 members, 60 of whom resided in New Mexico. In the early part...

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