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TEETER v. MILLER, SMITH & JONES

No. 6532.

342 P.2d 864 (1959)

66 N.M. 49

Edgar TEETER, Defendant-Appellant, v. MILLER, SMITH & JONES, a co-partnership composed of Miller & Smith, Contractors, Inc., a corporation, and J.W. Jones Construction Company, a corporation, Defendant-Appellee.

Supreme Court of New Mexico.

July 13, 1959.

Attorney(s) appearing for the Case

Heidel & Swarthout, Lovington, William L. Shaner, Roswell, Kermit Nash, Hobbs, for appellant.

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

COMPTON, Justice.

This is a tort action arising out of a collision of motor vehicles. It was started by the legal representatives of the estates of Ira C. Cook and Eva Belle Cook against both defendants but culminated in a controversy between the defendants only. The Cooks were killed in the collision, and the concurring negligence of both defendants was charged as the proximate cause of the accident.

The defendant Miller, Smith & Jones entered a general...

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