SALAZAR v. MURPHY

No. 6514.

340 P.2d 1075 (1959)

66 N.M. 25

Henry SALAZAR, Jr., Ancillary Administrator with the Will Annexed of the Estate of Earl R. Keener, Deceased, Plaintiff-Appellant, v. Vincent MURPHY, doing business as Belen Builders Supply, and Pasquel Armijo, Defendants-Appellees.

Supreme Court of New Mexico.

June 22, 1959.


Attorney(s) appearing for the Case

Adams & Foley, Albuquerque, for appellant.

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


MOISE, Justice.

This is a wrongful death action brought by plaintiff-appellant against the defendants-appellees alleging that plaintiff is the ancillary administrator of decedent's estate, that defendant Armijo was the driver of a truck belonging to defendant Murphy and that Armijo's negligent driving caused the death of decedent. The defendants answered denying the alleged negligence, and pleaded affirmatively contributory negligence and res judicata. Plaintiff moved...

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