APODACA v. ATCHISON, TOPEKA AND SANTA FE RAILROAD

No. 6713.

354 P.2d 524 (1960)

67 N.M. 227

Olivero APODACA and Benjamin Apodaca Plaintiffs-Appellants, v. ATCHISON, TOPEKA AND SANTA FE RAILROAD, Defendant-Appellee.

Supreme Court of New Mexico.

July 28, 1960.


Attorney(s) appearing for the Case

Chavez & Cowper, Belen, for appellants.

B.G. Johnson, J.T. Paulantis, Albuquerque, for appellee.


McGHEE, Chief Justice.

The appellants sought damages for injuries sustained when a train of the defendant struck a pickup truck in which they were riding, on a railroad crossing. Olivero Apodaca sought damages for personal injuries while Benjamin Apodaca sought to recover for personal injuries and damages to his pickup. Both pleaded the collision happened because of the negligence of the defendant.

Following the taking of depositions of the two plaintiffs...

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