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CIESIELSKI v. WATERMAN

No. 1166.

521 P.2d 649 (1974)

George CIESIELSKI, Plaintiff-Appellant, v. Jack WATERMAN, a partner, d/b/a the Tucumcari Ice Company, a partnership, Defendant-Appellee.

Court of Appeals of New Mexico.

Certiorari Granted April 19, 1974.

Attorney(s) appearing for the Case

Thomas D. Schall, Bradford H. Zeikus, Albuquerque, for plaintiff-appellant.

Michael P. Watkins, Oldaker & Oldaker, Albuquerque, for defendant-appellee.

OPINION

LOPEZ, Judge.

The plaintiff is a truck driver whose route is from Albuquerque, New Mexico, to Amarillo, Texas. The defendant maintains a warehouse along that route at Tucumcari, New Mexico. Plaintiff's load included a crate containing an 800 pound automobile motor and transmission, which he was to deliver at the defendant's loading dock. While engaged in unloading the crate with the defendant's employee, Hill, plaintiff fell from the loading dock...

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