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BERKSTRESSER v. VOIGHT

No. 6248.

321 P.2d 1115 (1958)

63 N.M. 470

Nannie Eula BERKSTRESSER, Administratrix of the Estate of Reata Lu Berkstresser, Deceased, Plaintiff, v. Lee B. VOIGHT and Claude M. Garrett, also known as Claude M. McGonigal, Defendants, Clenton C. CROUCH, Administrator of the Estate of Clarene Lewellen, deceased, Plaintiff. v. Lee B. VOIGHT and Claude M. Garrett, also known as Claude M. McGonigal, Defendants. Joyce Elanie BURNETT, Administratrix of the Estate of Urban Jack Burnett, Deceased, Plaintiff, v. Lee B. VOIGHT and Claude M. Garrett, also known as Claude M. McGonigal, Defendants.

Supreme Court of New Mexico.

Rehearing Denied March 4, 1958.

Attorney(s) appearing for the Case

James L. Dow, Carlsbad, William M. Siegenthaler, Artesia, C.R. Brice, Roswell, for appellants.

Neal, Neumann & Neal, Carlsbad, for appellee Voight.

Atwood & Malone, Charles F. Malone, Russell D. Mann, Roswell, for appellee Garrett.

PER CURIAM.

Upon consideration of motion for rehearing, the original opinion is withdrawn and the following substituted therefor.

COMPTON, Justice.

These are wrongful death actions instituted by the personal representatives of the decedents, Reata Lu Berkstresser, Clarene Lewellen and Urban Jack Burnett, whose deaths resulted from a collision of automobiles driven by appellees. The causes were consolidated for trial.

At the time of the collision...

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