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HAMILTON v. WOODWARD

No. 8305.

436 P.2d 106 (1968)

78 N.M. 633

William K. HAMILTON, Administrator of the Estate of Tom Frank Hamilton, a Minor, Deceased, and William K. Hamilton, Individually, Plaintiff-Appellant, v. Rusty WOODWARD, Individually and as Fire Chief of the City of Lovington, New Mexico, and the City of Lovington, New Mexico, Defendants-Appellees.

Supreme Court of New Mexico.

January 8, 1968.

Attorney(s) appearing for the Case

Neal & Neal, Tom W. Neal, Hobbs, for plaintiff-appellant.

Lowell Stout, Hobbs, for defendants-appellees.

OPINION

ANGEL, District Judge.

This suit was brought in the district court of Lea County to recover damages for death by wrongful act. Plaintiff's intestate, Tom Frank Hamilton, seven years of age, was killed in a vehicle-pedestrian accident in Lovington, New Mexico, during a Christmas parade. The case was tried to the court without a jury. At the termination of plaintiff's case, the court granted defendants' motion to dismiss the complaint on the ground...

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