MONTOYA v. WILLIAMSON

No. 8597.

446 P.2d 214 (1968)

Eduardo G. MONTOYA, Plaintiff-Appellant, v. Charles N. WILLIAMSON, Defendant-Appellee.

Supreme Court of New Mexico.

October 21, 1968.


Attorney(s) appearing for the Case

Robert L. Christensen, Albuquerque, for plaintiff-appellant.

Shaffer, Butt & Bass, Albuquerque, for defendant-appellee.


OPINION

MOISE, Justice.

Plaintiff-appellant, while walking across Candelaria Street in Albuquerque, was struck by an automobile being driven by defendant-appellee. It is clear that when struck, plaintiff was crossing the street at a place other than a cross-walk, and it is admitted that his conduct was negligent per se so that he would not be permitted to recover from defendant even if defendant were negligent, unless entitled under the facts to protection...

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