PAYNE, District Judge.
This is a damage suit for personal injuries sustained by Joe Jackson when he fell into a hole in a street at Santa Rosa, Guadalupe County, New Mexico, on July 26, 1955.
Although Joe Jackson and Mountain States Mutual Casualty Company are both named as plaintiffs and appellees, this opinion will concern only one plaintiff, namely, Joe Jackson, since the interest of Mountain States Mutual Casualty Company was taken care of by agreement...
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