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VILLANUEVA v. NOWLIN

No. 8116.

420 P.2d 764 (1966)

77 N.M. 174

Jesus VILLANUEVA, Plaintiff-Appellant, v. Kent NOWLIN and Nowlin Construction Co., a corporation, Defendants-Appellees.

Supreme Court of New Mexico.

November 28, 1966.

Attorney(s) appearing for the Case

Smith & Ransom, Larry L. Lamb, George P. Jones, III, Albuquerque, for appellant.

Modrall, Seymour, Sperling, Roehl & Harris, Henry G. Coors, Albuquerque, for appellees.

OPINION

JOE W. WOOD, Judge, Court of Appeals.

When a machine is obviously dangerous, is the lender of a machine liable for failing to give warning of the danger to an employee of the person to whom the machine is loaned? Under the facts of this case, our answer is "no."

Defendants loaned a welding machine to Coe Construction Company for use on a construction project. At the time of the loan and at the time of plaintiff's injury

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