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COOK v. O'CONNELL

No. 6457.

334 P.2d 551 (1959)

65 N.M. 170

Francis A. COOK, Plaintiff-Appellant, v. Jackie O'CONNELL, Daniel L. O'Connell and Richard Davis, Defendants-Appellee.

Supreme Court of New Mexico.

January 14, 1959.

Attorney(s) appearing for the Case

Leslie D. Ringer, Santa Fe, for appellant.

Iden & Johnson, J.T. Paulantis, Albuquerque, for appellees.

McGHEE, Justice.

Plaintiff, Francis A. Cook, filed suit in the District Court of Santa Fe County, New Mexico against three defendants, Jackie O'Connell, Daniel O'Connell (Jackie's father), and Richard Davis, seeking damages for the destruction of his equipment and personal effects as the result of the alleged negligent burning of a garage leased by him. Service of process was not made upon the O'Connells so the trial before the court without a jury proceeded solely...

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