REED v. STYRON

No. 6802.

365 P.2d 912 (1961)

69 N.M. 262

Paul REED and Montgomery Ward & Company, a corporation, Plaintiffs-Appellants, v. Thomas G. STYRON, d/b/a Styron Construction Company, a corporation, Defendant-Appellee.

Supreme Court of New Mexico.

On Motion for Rehearing November 1, 1961.


Attorney(s) appearing for the Case

McAtee, Toulouse, Marchiondo, Ruud & Gallagher, Albuquerque, for appellant Reed.

Botts, Botts & Mauney, Albuquerque, for appellant Montgomery Ward & Co.

Keleher & McLeod, Albuquerque, for appellee.


NOBLE, Justice.

This appeal results from a jury verdict for defendant in an action for injuries received by plaintiff in falling down a stairway in the Albuquerque store of Montgomery Ward & Company. We shall refer to the parties as they appeared in the lower court except that Montgomery Ward & Co. will be referred to as "Wards."

The stairway connecting the second and third floors had become worn, and defendant, an independent contractor, had been...

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