PEREZ v. MILLER

No. 267.

453 P.2d 383 (1969)

80 N.M. 213

Tony PEREZ, Plaintiff-Appellant, v. William T. MILLER, d/b/a Millers Auto Land, Defendant-Appellee.

Court of Appeals of New Mexico.

March 28, 1969.


Attorney(s) appearing for the Case

Eliu E. Romero, Taos, Frank Bachicha, Jr., Bachicha & Corlett, Santa Fe, for appellant.

Richard S. Morris, Montgomery, Federici, Andrews, Hannahs & Morris, Santa Fe, for appellee.


OPINION

WOOD, Judge.

We are concerned with two gas valves, each of which had two outlets, and with plaintiff's failure to discover that one of the outlets on the second valve was uncapped.

Plaintiff sued for injuries suffered in a gas explosion. The trial court entered summary judgment for defendant. We assume there is a factual issue as to defendant's negligence. The question is whether, under the rules recently restated in Wisehart v. Mt. States...

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