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EMBREY v. GALENTIN

No. 7935.

418 P.2d 62 (1966)

76 N.M. 719

Marion F. EMBREY, Administrator of the Estate of Earl George Embrey, Plaintiff-Appellant, v. Larry J. GALENTIN, d/b/a Industrial Communications & Equipment Company, and Otis Willard Head, Defendants-Appellees.

Supreme Court of New Mexico.

September 12, 1966.

Attorney(s) appearing for the Case

J. Benson Newell, LaFel E. Oman, Las Cruces, for appellant.

J.D. Weir, J.R. Crouch, Las Cruces, for appellees.

OPINION

E.T. HENSLEY, Jr., Chief Judge, Court of Appeals.

Shortly after 5:00 p.m. on March 6, 1964, Otis Head, having concluded his scheduled day's work for his employer, Larry J. Galentin, and driving a pick-up truck owned by his employer, started home. The employee, being subject to call at all hours, kept the vehicle in his possession at night. A stop was made at a bar and later another stop at another bar. Leaving the last bar, Otis Head drove north on...

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