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SANCHEZ v. J. BARRON RICE, INC.

No. 8226.

427 P.2d 240 (1967)

77 N.M. 717

Valentin SANCHEZ, as Administrator of the Estate of Josephine Sanchez, Deceased, Plaintiff-Appellant and Cross-Appellee, v. J. BARRON RICE, INC., Defendant-Third Party Plaintiff-Appellee, v. R. & H. ENTERPRISES, INC., Defendant-Third Party Defendant-Appellee and Cross-Appellant, American Radiator and Standard Santary corporation, Defendant-Appellee and Cross-Appellant.

Supreme Court of New Mexico.

Rehearing Denied May 19, 1967.

Attorney(s) appearing for the Case

Lorenzo A. Chavez, Melvin L. Robins, Ramon Lopez, Albuquerque, for appellant.

Rodey, Dickason, Sloan, Akin & Robb, Charles B. Larrabee, Albuquerque, for J. Barron Rice, Inc. appellee.

Toulouse, Ruud, Gallagher & Walters, Albuquerque, for R. & H. Enterprises, Inc., appellee and cross-appellant.

Irving E. Moore, Albuquerque, for American Radiator and Standard Sanitary Corp., appellee and cross-appellant.

OPINION

WOOD, Judge, Court of Appeals.

Plaintiff appeals from a judgment entered on a jury verdict in favor of defendants. Defendants cross appeal. The appeal requires consideration of issues concerning (1) contributory negligence, (2) jury instructions and (3) evidence as to custom. The cross appeal requires us to determine whether a verdict should have been directed against plaintiff.

Plaintiff, as administrator of the estate of his daughter, Josephine...

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