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VARNEY v. TAYLOR

No. 7704.

419 P.2d 234 (1966)

77 N.M. 28

J.R. VARNEY, Administrator of the Estate of Jackie Raymond Varney, Deceased, Plaintiff-Appellee and Cross-Appellant, v. Dennis Leo TAYLOR and Arrow Gas Service Company, Defendants-Appellants and Cross-Appellees.

Supreme Court of New Mexico.

Rehearing Denied October 24, 1966.

Attorney(s) appearing for the Case

James L. Brown, Farmington, for appellee.

White & Musgrove, Farmington, for Dennis Leo Taylor.

Botts, Botts & Mauney, Gerald R. Cole, Albuquerque, for Arrow Gas Service Co.

NOBLE, Justice.

This action for the wrongful death of J.R. Varney arose from a head-on collision between a pickup truck driven by decedent and a butane truck owned by Arrow Gas Company and driven by Dennis Leo Taylor. Arrow Gas and Taylor have appealed from an award of $37,886.00 by the court sitting without a jury. Varney's administrator has cross-appealed.

Appellants attack findings 4 and 7 which in effect found the defendants negligent, and an absence of...

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