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GALLEGOS v. WALLACE

No. 7342.

398 P.2d 982 (1964)

74 N.M. 760

Onofre GALLEGOS, Administrator of the Estate of Arturo Gallegos, Deceased, Plaintiff-Appellant, v. Thelston WALLACE and Tony Frank Martinez, Defendants-Appellees.

Supreme Court of New Mexico.

Rehearing Denied February 19, 1965.

Attorney(s) appearing for the Case

Standley, Kegel & Campos, Santa Fe, for appellant.

Modrall, Seymour, Sperling, Roehl & Harris, Frank H. Allen, Jr., Albuquerque, for appellees. McAtee, Toulouse, Marchiondo, Ruud & Gallagher, Albuquerque, joined with appellees in support of motion for rehearing.

Tansey, Wood, Rosebrough & Roberts, Farmington, Hinkle, Bondurant & Christy, Atwood & Malone, Roswell, amici curiae in support of motion for rehearing.

NOBLE, Justice.

The principal question on this appeal is whether the New Mexico Guest Statute, § 64-24-1, N.M.S.A. 1953 (Ch. 15, Laws 1935) constitutionally limits the liability of a non-owner driver of a motor vehicle.

Action was brought by the personal representative of Arturo Gallegos against both Thelston Wallace, owner of the automobile, and Tony Frank Martinez, its alleged driver, for the wrongful death of Arturo Gallegos resulting from an automobile...

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