CARRILLO v. HOYL

No. 1216.

517 P.2d 73 (1973)

85 N.M. 751

Juliana CARRILLO et al., Plaintiffs-Appellants, v. Leon HOYL and Tommy Schnaubert, Defendants-Appellees.

Court of Appeals of New Mexico.

November 28, 1973.


Attorney(s) appearing for the Case

William J. Heck, Hobbs, for plaintiffs-appellants.

Sam Laughlin, Jr., Girand & Richards, P.A., Hobbs, for defendants-appellees.


OPINION

LOPEZ, Judge.

A pickup truck collided with Hoyl's mare which had escaped from Schnaubert's corral. Plaintiffs are respectively the passenger, driver and owner of the pickup. Plaintiffs sued defendants for negligence. Defendants' motions for summary judgment were granted. Plaintiffs appeal only from the summary judgment in favor of Schnaubert, claiming the Schnaubert summary judgment was improper because of the doctrine of res ipsa loquitur.

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