GARRETT v. HOWDEN

No. 7281.

387 P.2d 874 (1963)

73 N.M. 307

Otelia GARRETT and T. L. Wilson, Administrator of the Estate of Juanita Pittman, Deceased, Plaintiffs-Appellants, v. Frederick B. HOWDEN, Administrator of the Estate of Willie Charles, Deceased, Defendant-Appellee.

Supreme Court of New Mexico.

December 23, 1963.


Attorney(s) appearing for the Case

Smith, Kiker & Ransom, Albuquerque, for appellants.

Iden & Johnson, Richard G. Cooper, Albuquerque, for appellee.


CARMODY, Justice.

This is an appeal from a directed verdict in favor of the defendant (appellee here) in an action under the guest statute, § 64-24-1, N.M.S.A. 1953.

Two questions are presented, (1) whether the court erred in rejecting testimony of a statement claimed to have been made by an unidentified bystander at the scene of the collision as to the speed of the death car prior to and some distance away from the accident; and (2) whether there were...

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