McCOY v. GOSSETT

No. 76.

442 P.2d 807 (1968)

79 N.M. 317

Homer A. McCoy and Edna McCoy, Plaintiffs-Appellants, v. W. A. GOSSETT, Administrator of the Estate of Houston Workman, Deceased, Defendant-Appellee.

Court of Appeals of New Mexico.

May 31, 1968.


Attorney(s) appearing for the Case

Lon P. Watkins, Carlsbad, for plaintiffs-appellants.

Michael R. Waller, C.D. Martin, Hinkle, Bondurant & Christy, Roswell, for defendant-appellee.


OPINION

SPIESS, Chief Judge.

This appeal is from a final judgment entered for the defendant pursuant to a directed verdict in a negligence case which involved an automobile accident. The propriety of instructing the jury to find for the defendant and against the plaintiffs depends upon whether there was any evidence introduced from which the jury might have found in favor of plaintiffs-appellants upon the theory of last clear chance.

It is fundamental...

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