STATE v. DAVIS

No. 6186.

329 P.2d 422 (1958)

64 N.M. 399

STATE of New Mexico ex rel. STATE HIGHWAY COMMISSION of New Mexico, Plaintiff-Appellee, v. W.I. DAVIS and C.M. Goen d/b/a Contract Carrier Co., and F.M. Danley, Defendants-Cross-Claimants and Cross-Defendants-Appellees, Lloyd C. Helm, Administrator of the Estates of H.F. Lafferty and Martella Lafferty, Deceased, Defendant-Cross-Defendant and Cross-Claimant-Appellant. MOUNTAIN STATES MUTUAL CASUALTY COMPANY, Cross-Claimant-Appellee, William Henry Seaver, Administrator of the Estates of Melvin Henry Seaver, Thelma Seaver, Philip Weldon Seaver, Gary L. Seaver, Catherine E. Seaver, and Steven Leslie Seaver, Deceased, Plaintiff in Intervention-Appellant, v. W.I. DAVIS and C.M. Goen d/b/a Contract Carrier Co., Defendants in Intervention-Appellees.

Supreme Court of New Mexico.

August 1, 1958.


Attorney(s) appearing for the Case

Catron & Catron, Santa Fe, Lloyd C. Helm, Douglas, Ariz., Wesley E. Polley, Phoenix, Ariz., for appellants.

John T. Watson, Santa Fe, for State Highway Com.

Merritt W. Oldaker, Roy F. Miller, Jr., William H. Oldaker, Albuquerque, for W.I. Davis, C.M. Goen and F.M. Danley.

Hugh R. Horne, Albuquerque, for Mountain States Mut. Cas. Co.


BRAND, District Judge.

A short distance north of Truth or Consequences (formerly Hot Springs, New Mexico) the main highway which runs from Albuquerque to El Paso crosses a narrow bridge over Cuchillo Creek. Just north of the bridge a side road to the Elephant Butte Reservoir enters the highway from the east. On a clear January day at about one o'clock P.M. a car containing eight persons, H.F. Lafferty and his wife, and Melvin H. Seaver, his wife and their four children...

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