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CURD v. H. B. ZACHRY COMPANY

No. 7005.

384 P.2d 695 (1963)

72 N.M. 427

James N. CURD, Plaintiff-Appellee, v. H.B. ZACHRY COMPANY, Defendant-Appellant.

Supreme Court of New Mexico.

August 19, 1963.

Attorney(s) appearing for the Case

Richard A. Stanley, Shipley, Seller & Whorton, Alamogordo, for appellant.

George L. Zimmerman, Alamogordo, for appellee.

CARMODY, Justice.

Defendant (who is the appellant here) seeks a reversal of the judgment awarded in favor of the plaintiff below by reason of injuries grounded on negligence.

The facts found by the trial court are not controverted by the parties, and we recognize them to be the facts on the appeal, even though a great many of them are evidentiary as distinguished from ultimate findings of fact. The trial court adopted...

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