GOULD v. BROWN CONSTRUCTION COMPANY

No. 7517.

401 P.2d 100 (1965)

75 N.M. 113

Joseph E. GOULD and Phyliss G. Gould, his wife, Plaintiffs-Appellants, v. BROWN CONSTRUCTION COMPANY, a corporation, and Bynard Fox, Defendants-Appellees.

Supreme Court of New Mexico.

April 12, 1965.


Attorney(s) appearing for the Case

Garland & Martin, Las Cruces, I.M. Smalley, Deming, for appellants.

Ray Hughes, Benjamin M. Sherman, Deming, for appellees.


CARMODY, Chief Justice.

Plaintiffs appeal from an adverse jury verdict in a damage action arising out of a collision which occurred during a dust storm.

The defendant Fox was an employee of the defendant construction company, and on the day in question was driving his vehicle easterly from Deming, New Mexico. At several places along the highway, there were dust-cloud formations which rendered driving difficult. As Fox proceeded, he saw the particular dust...

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