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TAPIA v. McKENZIE

No. 588.

489 P.2d 181 (1971)

83 N.M. 116

Isidore TAPIA, personal representative of Willie Gauna, Jr., Deceased, Plaintiff-Appellant, v. Blevins McKENZIE, Defendant-Appellee.

Court of Appeals of New Mexico.

Rehearing Denied September 7, 1971.

Attorney(s) appearing for the Case

Eugene E. Klecan, James T. Roach, Albuquerque, for plaintiff-appellant.

Charles A. Pharris, Keleher & McLeod, Albuquerque, for defendant-appellee.

OPINION

WOOD, Chief Judge.

This car-cow collision case is concerned with summary judgment and res ipsa loquitur.

On the day of the accident cattle had been worked on the south side of the highway and 25 to 30 cows had been brought to the north side of the highway through an underpass. These cows had been put into a pasture north of and adjacent to the highway. The pasture was approximately 800 acres and 35 to 40 cows were in the pasture. One of the...

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