VALENCIA v. STRAYER

No. 7274.

387 P.2d 456 (1963)

73 N.M. 252

George C. VALENCIA, as Administrator of the Estate of Richard Appelgate, Deceased, Plaintiff-Appellant, v. Timothy STRAYER and Mary M. Strayer, Defendants-Appellees.

Supreme Court of New Mexico.

December 9, 1963.


Attorney(s) appearing for the Case

R.F. Deacon Arledge, Lorenzo A. Chavez, Melvin L. Robins, Albuquerque, for appellant.

McAtee, Toulouse, Marchiondo, Ruud & Gallagher, Albuquerque, for appellees.


CARMODY, Justice.

This is a guest statute case under § 64-24-1, N.M.S.A. 1953, in which the trial court granted a directed verdict in favor of the defendant at the close of the plaintiff's case.

The defendant, Timothy Strayer, was driving his mother's car, with her consent, at about 5:00 A.M., on August 14, 1960, approximately two miles north of the town of Belen, New Mexico. Richard Appelgate was a passenger in the car and this suit is by the administrator...

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