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STEPHENS v. DULANEY

No. 8284.

428 P.2d 27 (1967)

78 N.M. 53

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

Supreme Court of New Mexico.

May 29, 1967.

Attorney(s) appearing for the Case

Neal & Matkins, Charles I. Wellborn, Carlsbad, for appellant.

William J. Heck, Hobbs, Joseph O. Walton, Lovington, for appellee.

OPINION

OMAN, Judge, Court of Appeals.

This is the second time this case has been before this court on appeal. On the first trial the jury returned a verdict for the defendant and the plaintiff appealed. The case was reversed and remanded for a new trial solely on the basis of error on the part of the trial court in giving to the jury an instruction on assumption of risk. Stephens v. Dulancy, 76 N.M. 181, 413...

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