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TERRY v. BISWELL

No. 6495.

345 P.2d 217 (1959)

66 N.M. 201

L.H. TERRY, Plaintiff-Appellee, v. L.A. BISWELL and B.C. Eppler, Defendants-Appellants.

Supreme Court of New Mexico.

Rehearing Denied August 31, 1959.

Attorney(s) appearing for the Case

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

William J. Heck, Hobbs, Leonard Howell, Midland, Tex., for appellee.

McGHEE, Justice.

At 7:30 P.M., on the evening of January 23, 1956, the plaintiff, L.H. Terry, in attempting to cross Main street in Lovington, New Mexico, was struck down and severely injured by an automobile owned by defendant B.C. Eppler and driven by defendant L.A. Biswell.

Terry brought an action against Biswell and Eppler and the case was tried to a jury which returned a general verdict for the plaintiff together with an answer to a special interrogatory...

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