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WHITE v. WAYNE A. LOWDERMILK, INC.

No. 1021.

509 P.2d 575 (1973)

85 N.M. 100

Sam WHITE, Plaintiff-Appellee, v. WAYNE A. LOWDERMILK, INC., a corporation, Defendant-Appellant.

Court of Appeals of New Mexico.

April 13, 1973.

Attorney(s) appearing for the Case

Sumner G. Buell, Montgomery, Federici, Andrews, Hannahs & Morris, Santa Fe, for defendant-appellant.

G. Gordon Robertson, Robertson & Robertson, Raton, for plaintiff-appellee.

OPINION

WOOD, Chief Judge.

The dispositive issues in defendant's appeal are: (1) whether the trial court could properly enter judgment on a theory of bailment and (2) the presumption of negligence in a bailment situation.

Defendant was the contractor on a highway construction project. Plaintiff had a front-end loader which he rented to defendant and which was used on the construction project. At the end...

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