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KIMBELL v. SMITH

No. 6400.

328 P.2d 942 (1958)

64 N.M. 374

Marcus E. KIMBELL, Hill Lines, Inc., a corporation, and Transport Insurance Company, a corporation, Plaintiffs-Appellants, v. Willis A. SMITH, Jr., Administrator of the Estate of Stanley Keith Jackson, deceased, Defendant-Appellee.

Supreme Court of New Mexico.

August 8, 1958.

Attorney(s) appearing for the Case

Botts, Botts & Mauney, Albuquerque, for appellants.

Rodey, Dickason, Sloan, Akin & Robb, Charles B. Larrabee, Albuquerque, for appellee.

SHILLINGLAW, Justice.

Plaintiffs, appellants here, filed their complaint in the District Court of Bernalillo County in three counts. The first count was for the personal injuries of plaintiff Marcus E. Kimbell, wherein he alleged negligence on the part of the defendant's intestate and prayed for damages in the amount of $35,000 and costs. The second count was an allegation of negligence of defendant's intestate whereby plaintiff Hill Lines, Inc., suffered alleged...

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