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BOLEN v. RIO RANCHO ESTATES, INC.

No. 431.

466 P.2d 873 (1970)

81 N.M. 307

Emorle L. BOLEN, Administrator of the Estate of Elaine Gal Bolen, Deceased, and Emorie L. Bolen, Individually, Plaintiff-Appellant, v. RIO RANCHO ESTATES, INC., J. E. Drum and Boyd Martin, Defendants-Appellees. Emorie L. BOLEN, Administrator of the Estate of Elaine Gal Bolen, Deceased, and Emorie L. Bolen, Individually, Plaintiff-Appellant, v. Frank SHOFFNER, Defendant-Appellee.

Court of Appeals of New Mexico.

March 6, 1970.

Attorney(s) appearing for the Case

Melvin L. Robins, Lorenzo A. Chavez, Albuquerque, for appellant.

Mary C. Walters, Toulouse, Moore & Walters, Albuquerque, for appellee Drum.

James T. Paulantis, Iden & Johnson, Albuquerque, for appellee Rio Rancho Estates, Inc.

Robert G. McCorkle, Rodey, Dickason, Sloan, Akin & Robb, Albuquerque for appellee Shoffner.

Edward Colby, Albuquerque, for appellee Martin.

OPINION

WOOD, Judge.

Elaine Bolen died from injuries suffered in an intersection collision. Plaintiff sued the builder of a fence located near the intersection, the owner of the property on which the fence was built, the developer of the land in the area of the intersection and the driver of the vehicle with which Elaine collided. From judgments in favor of each of the defendants, plaintiff appeals. We discuss: (1) the physical facts rule; (2) harmless error...

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