BUTTON v. METZ

No. 6645.

349 P.2d 1047 (1960)

66 N.M. 485

Oswald W. BUTTON, Plaintiff-Appellant, v. Richard T. METZ, Defendant-Appellee.

Supreme Court of New Mexico.

March 3, 1960.


Attorney(s) appearing for the Case

Adams & Foley, Fred M. Calkins, Jr., Albuquerque, for appellant.

Schall & Sceresse, Albuquerque, for appellee.


COMPTON, Justice.

This is an action for damages, the complaint alleging that appellee was negligent in backing his automobile into appellant, thereby injuring him. Appellee's answer generally denied any negligence on his part and pleaded contributory negligence, assumption of risk and unavoidable accident as affirmative defenses.

The cause was tried before a jury and, at the close of appellant's case, appellee moved for dismissal and for a directed verdict...

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