BOGART v. HESTER

No. 6439.

347 P.2d 327 (1959)

66 N.M. 311

Harold L. BOGART, Plaintiff-Appellant, v. Evelyn HESTER, Administratrix of the Estate of E.L. Hester, deceased, d/b/a Hester Mud Company and American Tank and Steel Company and James C. Engelbrecht, Defendants-Appellees.

Supreme Court of New Mexico.

Rehearing Denied December 23, 1959.


Attorney(s) appearing for the Case

McAtee, Toulouse & Marchiondo, B.J. Stephens, Albuquerque, for appellant.

Brown & Wood, Farmington, for American Tank & Steel and Engelbrecht.

Seth, Montgomery, Federici & Andrews, Santa Fe, for Hester Mud Co.


JOHN R. BRAND, District Judge.

Plaintiff Harold L. (Louie) Bogart lived at Farmington about a block from the premises of Hester Mud Company, for whom he had formerly worked. His uncle, Carl Rucker, was employed by Hester Mud Company as a foreman, and lived on the Mud Company yard. On the day of the accident, Bogart, who often visited his uncle, to the knowledge of Mr. Hester, went to the mud yard to borrow a tool from his uncle with which to repair an air-conditioner...

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