LAMBERT v. DONELLY

No. 7419.

394 P.2d 735 (1964)

74 N.M. 453

Laura A. LAMBERT and E.A. Lambert, Plaintiffs-Appellants, Western Farm Bureau Mutual Insurance Company, Plaintiff-in-Intervention, Appellants, v. W.L. DONELLY, Defendant and Third-Party Plaintiff-Appellee, BOARD OF COUNTY COMMISSIONERS OF BERNALILLO COUNTY, New Mexico, Third-Party Defendant-Appellee.

Supreme Court of New Mexico.

Rehearing Denied August 26, 1964.


Attorney(s) appearing for the Case

Eugene E. Klecan, Albuquerque, for appellants.

Rodey, Dickason, Sloan, Akin & Robb, Charles B. Larrabee, Albuquerque, for appellee Donelly.

Shaffer & Butt, Albuquerque, for appellee Board of County Commissioners.


COMPTON, Chief Justice.

The issue on appeal is whether error was committed by the trial court in allowing five peremptory challenges each to the original defendant and to the third-party defendant.

On July 31, 1961, an action was filed by the plaintiffs, Laura A. Lambert and E.A. Lambert, her husband, against the defendant, W.L. Donelly, as the result of an automobile collision at the intersection of Bridge Street and Atrisco Road in Albuquerque, an intersection...

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