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STATE v. STONE

No. 9425.

104 Ariz. 339 (1969)

452 P.2d 513

STATE of Arizona, Appellant, v. Ernest STONE, individually and as surviving spouse of Hathaway Stone, deceased, Darrell Stone and Denise Stone, by their guardian ad litem, Ernest Stone, Appellees.

Supreme Court of Arizona. In Banc.

Rehearing Denied May 13, 1969.

Supplemental Opinion May 14, 1969.

Attorney(s) appearing for the Case

Gary K. Nelson, Atty. Gen., Darrell F. Smith, former Atty. Gen., Phoenix, by J. Mercer Johnson, Sp. Asst. Atty. Gen., Tucson, for appellant.

Rees, Estes & Browning, by William D. Browning, Tucson, for appellees.

James J. Leonard, Jr., William B. Revis, Phoenix, for amicus curiae, The American Trial Lawyers Association, Arizona Chapter.

LOCKWOOD, Vice Chief Justice.

On the morning of September 27, 1955, Ernest Stone, his wife and his two children were traveling from Tucson to Benson, Arizona, on U.S. Highway 80. Approximately fifteen miles east of Tucson near Mountain View, Arizona, their car collided with a westbound automobile. Mrs. Stone was killed, and the other members of the family were injured.

The facts are somewhat complex, the accident occurring in the following manner: A short...

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