BARNES v. SMITH

Nos. 6765-6768.

305 F.2d 226 (1962)

William Gordon BARNES, Administrator of the Estate of Daniel W. Barnes, deceased, Elsie E. Barnes, deceased, Daniel W. Barnes, Jr., deceased, and Sandra M. Barnes, deceased, Appellant, v. Frankie Lou SMITH, Ancillary Executrix of the Estate of Houston Smith, Jr., deceased, Appellee. Bruce G. JOLLY and Susan Ann Jolly, a minor, by Bruce G. Jolly, her father and next friend, Appellants, v. Frankie Lou SMITH, Ancillary Executrix of the Estate of Houston Smith, Jr., deceased, Appellee. Bruce G. JOLLY, Administrator of the Estate of Gloria Jolly, deceased, Appellant, v. Frankie Lou SMITH, Executrix of the Estate of Houston Smith, Jr., deceased, Appellee. Frankie Lou SMITH, Executrix of the Estate of Houston Smith, Jr., deceased, Appellant, v. Gerald Wayne BARNES, a minor, by William Gordon Barnes, his brother and next friend, Appellee.

United States Court of Appeals Tenth Circuit.

June 4, 1962.


Attorney(s) appearing for the Case

William A. Sloan, Albuquerque, N. M. (Rodey, Dickason, Sloan, Akin & Robb, Albuquerque, N. M., and William C. Briggs, Albuquerque, N. M., were with him on the brief) for Frankie Lou Smith, Executrix of the Estate of Houston Smith, Jr., deceased.

A. D. Williams and Glen Houston, Hobbs, N. M. (Williams, Johnson & Houston, Hobbs, N. M., and Richard L. Westlake, Midland, Tex., were with him on the brief), for William Gordon Barnes, and others.

Before LEWIS, BREITENSTEIN and HILL, Circuit Judges.


LEWIS, Circuit Judge.

These four cases, consolidated both for trial and on appeal as containing common questions of fact and law, resulted from a highway disaster involving the collision of a pick-up truck transporting a family of eight and a late-model Cadillac containing two men. The accident occurred July 2, 1960, at a point about eight miles east of Tatum, New Mexico, and caused the deaths of both the driver of the Cadillac...

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