SAYNER v. SHOLER

No. 8178.

425 P.2d 743 (1967)

Franklyn D. SAYNER and Frank Sayner, Plaintiffs-Appellants, v. B.J. SHOLER, Administrator of the Estate of Hubert S. Cross, Deceased, Defendant-Appellee.

Supreme Court of New Mexico.

March 27, 1967.


Attorney(s) appearing for the Case

Arturo G. Ortega, Willard F. Kitts, William E. Snead, Albuquerque, for appellants.

Toulouse, Ruud, Gallagher & Walters, J.E. Casados, Albuquerque, for appellee.


OPINION

CARMODY, Justice.

The jury returned a verdict in favor of the defendant in this personal-injury action and, following the entry of judgment, plaintiffs appeal.

The sole issue is the claimed error of the trial court in allowing a witness to testify to a conversation had with defendant's decedent some twenty-four hours after the accident. Appellee claims the error, if any, was waived.

A collision occurred between a station wagon driven...

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