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ALEXANDER v. DELGADO

No. 9616.

507 P.2d 778 (1973)

84 N.M. 717

Roy C. ALEXANDER, Petitioner, v. Yolanda DELGADO, a minor by Jesus Delgado, her father and next friend, and Jesus Delgado, Individually, Respondent.

Supreme Court of New Mexico.

March 16, 1973.

Attorney(s) appearing for the Case

Edward E. Triviz, Las Cruces, for petitioner.

Sosa & Neumeyer, Las Cruces, for respondent.

OPINION

STEPHENSON, Justice.

DefendantAppellee prevailed on trial of this negligence action. The Court of Appeals reversed and remanded for a new trial. Delgado v. Alexander, 84 N.M. 456, 504 P.2d 1089 (Ct.App. 1972). We granted certiorari.

We will consider only the limb of the case which relates to the defense of unavoidable accident. We are concerned with the disposition made by the Court of Appeals of that defense...

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