MONTOYA v. WINCHELL

No. 6784.

364 P.2d 1041 (1961)

69 N.M. 177

Emily Juliet MONTOYA, a minor, by her father and next of friend, Elfego Montoya, and Elfego Montoya, Individually, Plaintiffs-Appellees, v. Isaac Winchell and H.E. Jones, Defendants-Appellants.

Supreme Court of New Mexico.

Rehearing Denied October 9, 1961.


Attorney(s) appearing for the Case

Rodey, Dickason, Sloan, Akin & Robb, Charles B. Larrabee, Albuquerque, for appellants.

Lorenzo A. Chavez, Arturo G. Ortega and Melvin L. Robins, Albuquerque, for appellees.


MOISE, Justice.

This suit arose out of a truck-pedestrian collision, and was brought on behalf of the minor pedestrian involved in the accident by her father as next friend for damages because of the injuries suffered by her, and in a second count for recovery of past and future medical and hospital expenses. The defendant, Winchell, was driver of the truck and the defendant, Jones, was his employer and owner of the truck.

It appears that on June 25, 1959...

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