DILLARD v. SOUTHWESTERN PUBLIC SERVICE COMPANY

No. 7255.

385 P.2d 564 (1963)

73 N.M. 40

Audie DILLARD, Plaintiff-Appellant, v. SOUTHWESTERN PUBLIC SERVICE COMPANY, a corporation, Mrs. Bertie Noland Price and Traders and General Insurance Company, a corporation, Defendants-Appellees.

Supreme Court of New Mexico.

September 30, 1963.


Attorney(s) appearing for the Case

Easley & Pyatt, Hobbs, for appellant.

Hervey, Dow & Hinkle, Harold L. Hensley, Jr., Roswell, Merrill Norton, Lovington, Gibson, Ochsner, Harlan, Kinney & Morris, Amarillo, Tex., for appellees.


MOISE, Justice.

Plaintiff appeals from summary judgment for defendant utility in a case where plaintiff was injured when the boom on a well servicing truck being operated under plaintiff's direction and control struck a high voltage line of defendant utility. We need not consider any question concerning any of the other named defendants.

The record in the case discloses the following facts which were presented by the pleadings, affidavits and depositions,...

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