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TENORIO v. NOLEN

No. 297.

458 P.2d 604 (1969)

80 N.M. 529

Ida Mary TENORIO, Administratrix of the Estate of Adan A. Tenorio, Deceased, Plaintiff-Appellee, v. Elmer Roy NOLEN, Defendant-Appellant.

Court of Appeals of New Mexico.

Rehearing Denied August 25, 1969.

Attorney(s) appearing for the Case

Leslie D. Ringer, Santa Fe, for appellant.

David L. Norvell, Clovis, for appellee.

OPINION

HENDLEY, Judge.

Defendant relies on two points for reversal (1) his motion for continuance should have been sustained, and (2) an instruction on warning by a motorist to a pedestrian was misleading. The claims are not well taken.

During depositions Frankie Barela was named as a possible witness. There were two Frankie Barelas. Defendant's counsel talked to one of them and obtained a statement concerning the accident in question. Plaintff...

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