CLARK v. CASSETTY

No. 6922.

376 P.2d 37 (1962)

71 N.M. 89

JOE CLARK AND COMMERCIAL STANDARD INSURANCE COMPANY, Plaintiffs-Appellants, v. G.V. CASSETTY, Defendant-Appellee.

Supreme Court of New Mexico.

November 5, 1962.


Attorney(s) appearing for the Case

Smith, Smith & Tharp, Clovis, Aldridge & Aldridge, Hurshel Harding, Farwell, Tex., for appellants.

Rowley, Davis, Hammond & Murphy, Clovis, Crenshaw, Dupree & Milam, Lubbock, Tex., for appellee.


CARMODY, Justice.

Plaintiffs (appellants here) seek a new trial, contending that they were prejudiced because of a false issue, i.e., contributory negligence, having been submitted to the jury.

Plaintiffs claim damages for the fire loss of some eighty-three acres of standing wheat and 10,000 pounds of wheat which had been loaded into defendant's truck. The alleged negligence on the part of the defendant was the operation of the truck with a defective muffler...

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