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HARTFORD FIRE INSURANCE COMPANY v. HORNE

No. 6487.

338 P.2d 1067 (1959)

65 N.M. 440

HARTFORD FIRE INSURANCE COMPANY, a Corporation, and Sam A. Minces, d/b/a Nehi Bottling Company, Plaintiffs-Appellants, Cross-Appellees, v. Hugh R. HORNE, Administrator of the Estate of Pat Bolke, deceased, Defendant-Appellee and Cross-Appellant.

Supreme Court of New Mexico.

March 17, 1959.

Attorney(s) appearing for the Case

Modrall, Seymour, Sperling, Roehl & Harris, Allen C. Dewey, Jr., Albuquerque, for appellants.

Bingham & Klecan, Albuquerque, for appellee.

McGHEE, Justice.

This action was brought as a result of a head-on collision between a truck owned by plaintiff Minces and a car driven by Horne's decedent, Pat Bolke, on State Road 47 south of Albuquerque about one hour after sunset on October 4, 1956, in which the truck and its cargo were practically destroyed and Miss Bolke was killed.

Minces sought damages he sustained which were not covered by an insurance policy and Hartford Fire Insurance Company sought...

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