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CHAPIN v. ROGERS

No. 334.

459 P.2d 846 (1969)

80 N.M. 684

Rudy CHAPIN, Plaintiff-Appellant, v. Charles W. ROGERS and Kathleen Rogers, his wife, d/b/a Hilltop Drive-In, Defendants-Appellees.

Court of Appeals of New Mexico.

September 26, 1969.

Attorney(s) appearing for the Case

Joe H. Galvan, Las Cruces, for plaintiff-appellant.

J.W. Reynolds, Robertson & Reynolds, Silver City, for defendants-appellees.

OPINION

OMAN, Judge.

Plaintiff appeals from a judgment for defendants entered pursuant to a jury verdict. He sought damages for injuries allegedly sustained to his person when a stool on which he was seated in the defendants' restaurant broke.

Plaintiff claims error on the part of the trial court in giving its instructions on res ipsa loquitur and contributory negligence We consider only the instruction on res ipsa loquitur, since we are of the opinion...

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