STRANCZEK v. BURCH

No. 6608.

354 P.2d 531 (1960)

67 N.M. 237

Stanley STRANCZEK, Genevieve Stranczek and United States Fidelity and Guaranty Company, Plaintiffs-Appellants. v. Peggy J. BURCH, Defendant-Appellee.

Supreme Court of New Mexico.

July 30, 1960.


Attorney(s) appearing for the Case

Stuart Hines, Louis J. Vener, Albuquerque, for appellants.

Iden & Johnson, James T. Paulantis, Albuquerque, for appellee.


MOISE, Justice.

This appeal involves the single question of whether or not the trial court erred in not submitting to the jury the question of last clear chance in a case involving an intersection collision.

Last clear chance had been pleaded. Very briefly, the proof showed that plaintiff-driver (she is joined as plaintiff by her husband and insurance carrier) was traveling west on Roma in the City of Albuquerque at about 7:30 a.m. on February 25, 1957. Plaintiff...

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