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TERRY v. DUNLAP

No. 839.

499 P.2d 1008 (1972)

84 N.M. 86

Juanita TERRY, as Personal Representative and Administratrix of the Estate of Bayard Edwin Weibert, Deceased, and Dannie Weibert Kuhner, Plaintiffs-Appellants, v. Charles DUNLAP et al., Defendants-Appellees.

Court of Appeals of New Mexico.

July 14, 1972.

Attorney(s) appearing for the Case

Charles M. Tansey, Tansey, Rosebrough, Roberts & Gerding, Farmington, Donald Brown, Roswell, for appellants.

Bob F. Turner, Russell D. Mann, Atwood, Malone, Mann & Cooter, Roswell, for appellees.

OPINION

COWAN, Judge.

Plaintiffs appeal in this wrongful death action following a jury verdict for the defendants. We affirm.

A yearling belonging to the defendants Dunlap escaped from a pasture also owned by the Dunlaps. The animal apparently crossed a cattleguard installed and maintained by the New Mexico Highway Department where State Road 42 intersects with U.S. Highway 285 in De Baca County. A vehicle travelling on Highway 285 struck the animal...

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