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STEPHENS v. DULANEY

No. 7682.

413 P.2d 217 (1966)

76 N.M. 181

Gladys STEPHENS, Plaintiff-Appellant, v. J.L. DULANEY, Defendant-Appellee.

Supreme Court of New Mexico.

April 11, 1966.

Attorney(s) appearing for the Case

William J. Heck, Hobbs, for appellant.

Neal & Matkins, Carlsbad, for appellee.

CHAVEZ, Justice.

This is an appeal by plaintiff-appellant from a judgment in favor of defendant-appellee in accordance with a jury verdict. The appeal is based solely upon the alleged error of the trial judge in submitting an instruction on assumption of risk to the jury.

Plaintiff alleged that on or about November 3, 1962, while she was smoking a cigarette near defendant's 1960 GMC pickup truck, its gasoline tank...

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