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KLAUS v. EDEN

No. 6964.

374 P.2d 129 (1962)

70 N.M. 371

Bernard KLAUS, Individually; Bernard Klaus, Administrator of the Estate of John Mike Klaus, deceased; and Dorothie Marie Klaus, a minor, by Bernard Klaus, her next friend, Plaintiffs-Appellants, v. C.R. EDEN, C.R. Eden Construction Co., and Charles P. Harrington, Defendants-Appellees.

Supreme Court of New Mexico.

August 14, 1962.

Attorney(s) appearing for the Case

Shipley, Seller & Whorton, Alamogordo, for appellants.

W.C. Whatley, L.E. Oman, Las Cruces, for appellees.

MOISE, Justice.

At about 9:00 a.m. on August 6, 1959, a week day, the defendant C.R. Eden, who was President of the defendant C.R. Eden Construction Co., landed his Bonanza airplane at a small unattended or "week-end" airport in Alamogordo, New Mexico, after a flight from Albuquerque. Defendant construction company was engaged in building houses in Alamogordo, and defendant C.R. Eden had landed at this airport some 100 times over the last several years.

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