BURNHAM v. YELLOW CHECKER CAB, INC.

No. 7377.

391 P.2d 413 (1964)

74 N.M. 125

Emma BURNHAM and Charles A. Burnham, Plaintiffs-Appellants, v. YELLOW CHECKER CAB, INC., a corporation and Frank Gonzales, Defendants-Appellees.

Supreme Court of New Mexico.

April 13, 1964.


Attorney(s) appearing for the Case

Willard F. Kitts, Albuquerque, for appellants.

Richard C. Civerolo, H. L. Cushing, Peter V. Domenici, Albuquerque, for appellees.


NOBLE, Justice.

The complaint seeking damages for personal injuries sustained by Emma Burnham, a pedestrian who was struck by defendants' taxicab, was dismissed following a jury verdict for the defendants. Plaintiffs, husband and wife, have appealed.

Denial of plaintiffs' request to instruct on the doctrine of last clear chance is determinative of the appeal and we go directly to that question.

This court announced in Floeck v. Hoover, 52 N.M. 193...

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