FALKNER v. MARTIN

No. 7283.

391 P.2d 660 (1964)

74 N.M. 159

Elizabeth O. FALKNER and Francis G. Falkner, Plaintiffs-Appellants, v. Charles MARTIN, Defendant-Appellee.

Supreme Court of New Mexico.

Rehearing Denied May 8, 1964.


Attorney(s) appearing for the Case

Bigbee & Byrd, Santiago E. Campos, Santa Fe, for appellants.

Modrall, Seymour, Sperling, Roehl & Harris, Allen C. Dewey, Albuquerque, for appellee.


NOBLE, Justice.

Elizabeth Falkner was struck by defendant's automobile at a street intersection in Los Alamos, New Mexico. Plaintiffs have appealed from a judgment against them following a jury verdict finding the issues in defendant's favor.

Error is predicated upon the fact that an unavoidable accident instruction was given, plaintiffs claiming that there is no evidence in the record from which the jury could have determined that neither party was negligent...

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