LEVINE v. GALLUP SAND AND GRAVEL COMPANY

No. 568.

484 P.2d 1405 (1971)

82 N.M. 593

Herman LEVINE, Administrator of the Estate of David Allen Levine, Deceased, Plaintiff-Appellant, v. GALLUP SAND AND GRAVEL COMPANY, Inc., a corporation, Robert Spencer and Tony Kozeliski, Defendants-Appellees.

Court of Appeals of New Mexico.

Certiorari granted May 19, 1971.


Attorney(s) appearing for the Case

Lorenzo A. Chavez, Melvin L. Robins, George Jones, III, Albuquerque, for appellant.

Denny, Glascock & McKim, Gallup, Joseph E. Roehl, Allen C. Dewey, Farrell L. Lines, Modrall, Seymour, Sperling, Roehl & Harris, Albuquerque, for appellees.


OPINION

SPIESS, Chief Judge.

The principal issue presented by this appeal is whether, in a civil action, a poll of the jury may be demanded by a party as a matter of right, or whether the request for a jury poll is to be treated as discretionary.

The action was one seeking recovery of damages for wrongful death. Judgment on the verdict was rendered on May 28, 1970, for the defendant, and, in addition to the general verdict, the jury answered two...

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