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PADDOCK v. SCHUELKE

No. 475.

473 P.2d 373 (1970)

81 N.M. 759

Holmes PADDOCK, Administrator of the Estate of Minnie Paddock, Deceased, Plaintiff-Appellant, v. John SCHUELKE, Personal Representative of John M. Dusman, Deceased, Defendant-Appellee.

Court of Appeals of New Mexico.

July 31, 1970.

Attorney(s) appearing for the Case

James E. Thomson, Zinn & Donnell, Santa Fe, for appellant.

Irving E. Moore, Toulouse, Moore & Walters, Albuquerque, for appellee.

OPINION

WOOD, Judge.

Plaintiff appeals from a jury verdict in favor of defendant in this automobile accident case. There are two issues: (1) evidence of contributory negligence, and (2) whether the trial court should have directed a verdict in favor of plaintiff on the issue of defendant's liability. We reverse on each issue.

The accident occurred about four miles west of Gallup at approximately 3:15 a.m. An approaching passenger car collided with...

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