ZAMORA v. SMALLEY

No. 6761.

358 P.2d 362 (1961)

68 N.M. 45

Isadore V. ZAMORA, Plaintiff-Appellant, v. Joe SMALLEY and M.H. Smalley, Defendants-Appellees.

Supreme Court of New Mexico.

January 6, 1961.


Attorney(s) appearing for the Case

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

McAtee, Toulouse, Marchiondo, Ruud & Gallagher, Albuquerque, for appellees.


NOBLE, Justice.

The action was one for personal injuries arising out of a rear-end automobile collision. From a judgment based upon a jury verdict for the defendant the plaintiff has appealed. For convenience, we shall refer to the parties as they were below.

Plaintiff makes a two-fold attack upon instruction No. 12 on unavoidable accident. First, that under the facts it was error to instruct on unavoidable accident and, second, that the instruction given...

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