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HEBENSTREIT v. ATCHISON, TOPEKA & SANTA FE RY. CO.

No. 6420.

336 P.2d 1057 (1959)

65 N.M. 301

Mary J. HEBENSTREIT and John F. Hebenstreit, Plaintiffs-Appellees, v. ATCHISON, TOPEKA & SANTA FE RAILWAY COMPANY, a corporation, and P. C. Caldarelli, Defendants-Appellants.

Supreme Court of New Mexico.

Motion for Rehearing Withdrawn April 9, 1959.

Attorney(s) appearing for the Case

B.G. Johnson, W.F. Kitts, Albuquerque, for appellants.

William J. Bingham, Eugene E. Klecan, Albuquerque, for appellees.

McGHEE, Justice.

The plaintiffs filed their complaint against the defendant seeking damages resulting from injuries received by Mrs. Hebenstreit in the wreck of the Santa Fe Chief near Springer, New Mexico, in the early morning hours of September 5, 1956. Both plaintiffs had been fare-paying passengers on that train.

The two counts of the first cause of action pertaining to Mary J. Hebenstreit, alleged, in substance:

1. That she received certain injuries...

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