JONES v. NEW MEXICO SCHOOL OF MINES

No. 7620.

404 P.2d 289 (1965)

75 N.M. 326

Marvin A. JONES, Plaintiff-Appellant, v. NEW MEXICO SCHOOL OF MINES, aka New Mexico Institute of Mining and Technology, Defendant-Appellee.

Supreme Court of New Mexico.

July 19, 1965.


Attorney(s) appearing for the Case

Melvin L. Robins, Albuquerque, for appellant.

McAtee, Toulouse, Marchiondo, Ruud & Gallagher, Mary C. Walters, Albuquerque, for appellee.


MOISE, Justice.

At the close of plaintiff's case, a motion for a directed verdict in favor of defendant was sustained, and thereafter judgment dismissing the cause was entered. Plaintiff appealed and here asserts that the court erred in so doing.

We have stated many times that it is error for the court to direct a verdict in favor of a defendant at the close of plaintiff's case unless plaintiff has presented no facts which would support a judgment in his favor...

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