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CITY OF ALBUQUERQUE v. CAMPBELL

No. 6684.

358 P.2d 698 (1960)

68 N.M. 75

CITY OF ALBUQUERQUE, a Municipal Corporation, Appellee, v. Gertrude W. CAMPBELL; Elizabeth Ann Campbell, a minor, by her Mother and Next Friend, Gertrude W. Campbell; and St. Paul Mercury Insurance Company, a corporation, Appellants.

Supreme Court of New Mexico.

Rehearing Denied February 6, 1961.

Attorney(s) appearing for the Case

Keleher & McLeod, Russell Moore, Albuquerque for appellants.

Gilbert, White & Gilbert, Sumner S. Koch, Sante Fe, for appellee.

MOISE, Justice.

This is a consolidated appeal of three cases, arising out of a single accident involving a dump truck owned by the City of Albuquerque and being driven at the time of the accident by its employee, Ernest J. Gomez.

Upon motion filed by the City of Albuquerque, the actions against the City were dismissed. The question presented for appeal is whether or not the provisions of § 64-25-9, N.M.S.A. 1953, protect the defendant City from suit....

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