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ARAGON v. SPEELMAN

No. 633.

491 P.2d 173 (1971)

83 N.M. 285

Joe ARAGON, Administrator of the Estate of Joseph T. Aragon, a minor, Deceased, Plaintiff-Appellee, v. Roelof SPEELMAN and Rose Speelman, Defendants-appellants, Mrs. Joe Aragon, Plaintiff in Intervention-Appellant.

Court of Appeals of New Mexico.

November 12, 1971.

Attorney(s) appearing for the Case

Frank H. Allen, Jr., Dale W. Ek, Modrall, Sperling, Roehl, Harris & Sisk, Albuquerque, for defendants-appellants.

Lorenzo A. Chavez, Melvin L. Robins, Albuquerque, for plaintiff appellee and plaintiff in intervention-appellant.

OPINION

HENDLEY, Judge.

Plaintiff brought suit to recover damages for a wrongful death. The jury returned a verdict for plaintiff. Defendants filed a motion for judgment NOV, or in the alternative for a new trial. The motion was denied and defendants appeal raising four points for reversal; contributory negligence, erroneous instructions, assumption of risk and proximate cause. Plaintiff cross-appeals on the dismissal of a complaint in intervention by decedent...

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