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PAYNE v. TUOZZOLI

No. 272.

453 P.2d 384 (1969)

80 N.M. 214

Bill G. PAYNE, Plaintiff-Appellee, v. Michael A. TUOZZOLI, Defendant-Appellant.

Court of Appeals of New Mexico.

March 28, 1969.

Attorney(s) appearing for the Case

John T. Whorton, Shipley & Whorton, Alamogordo, for appellant.

S. Thomas Overstreet, Fettinger, Bloom & Overstreet, Alamogordo, for appellee.

OPINION

OMAN, Judge.

Defendant appeals from a judgment for damages. These damages resulted when an automobile owned by defendant collided with the rear of plaintiff's automobile while lawfully parked on a public street in the City of Alamogordo, New Mexico. The collision occurred sometime between 3:03 a.m. and 3:33 a.m. There is no question about the negligence of the driver of defendant's vehicle. The sole question presented relates to the identity of this...

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