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HARLESS v. EWING

No. 229.

452 P.2d 483 (1969)

80 N.M. 149

Clarence Eugene HARLESS, Plaintiff-Appellant, v. Marvin EWING, Defendant-Appellee.

Court of Appeals of New Mexico.

March 14, 1969.

Attorney(s) appearing for the Case

Warren F. Reynolds, Easley & Reynolds, Hobbs, for plaintiff-appellant.

Lowell Stout, Hobbs, for defendant-appellee.

OPINION

HENDLEY, Judge.

Plaintiff appeals from a summary judgment ruling in favor of defendant in an action for personal injuries.

The right-rear dual wheel of defendant's dump truck came off and the loaded truck fell on the inside tire and the hub on the tire rim. The truck was disabled and its position prevented other trucks from loading. Plaintiff's employer was in charge of the loading area and, seeing defendant's truck blocking the road, proceeded...

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