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MARTINEZ v. LOUIS LYSTER, GENERAL CONTRACTOR, INC.

No. 7706.

409 P.2d 493 (1965)

75 N.M. 639

Mark MARTINEZ, A Minor by Julian Martinez, his father and next friend, Plaintiff-Appellant, v. LOUIS LYSTER, GENERAL CONTRACTOR, INC., A corporation, Defendant and Cross-Defendant Appellee, ATCHISON, TOPEKA & SANTA FE RAILWAY CO., a corporation, Defendant and Cross Claimant, Third Party Plaintiff, Appellee, v. The CITY OF LAS VEGAS, New Mexico, a Municipal Corporation, Third Party Defendant, Appellee.

Supreme Court of New Mexico.

Rehearing Denied January 13, 1966.

Attorney(s) appearing for the Case

Bigbee & Byrd, John A. Mitchell, Santa Fe, for appellant.

Seth, Montgomery, Federici & Andrews, Fred C. Hannahs, Santa Fe, for appellee Louis Lyster, General Contractor.

Iden & Johnson, R.G. Cooper, J.J. Monroe, Albuquerque, for appellee, Atchison Topeka & Santa Fe Railway Co.

Roberto L. Armijo, Las Vegas, for appellee The City of Las Vegas, New Mexico.

COMPTON, Justice.

This is an action to recover damages for injuries sustained by a 7-year-old boy in falling from a stack of culvert pipes. Summary judgments were granted for the defendants, and the plaintiff appeals.

Mark Martinez, by his father and next friend, instituted the suit against Louis Lyster, General Contractor, Inc., hereinafter referred to as Lyster, alleged to be the owner of the pipes, and against Atchison, Topeka & Santa Fe Railway Company...

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