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MADRID v. SCHOLES

No. 1878.

546 P.2d 863 (1976)

80 N.M. 15

Mike MADRID, as guardian ad litem and next friend of Marita Watchman, a minor, Plaintiff-Appellant, v. A.L. SCHOLES, Defendant-Appellee.

Court of Appeals of New Mexico.

Certiorari Denied March 1, 1976.

Attorney(s) appearing for the Case

James L. Brown, Farmington, James K. Ribe, Zamora, Ribe & Rael, Santa Fe, for plaintiff-appellant.

Eugene E. Klecan, Klecan & Roach, P.A., Albuquerque, for defendant-appellee.

OPINION

SUTIN, Judge.

Plaintiff appeals an adverse judgment arising out of an accident in which Marita Watchman was run over by defendant's pickup truck. We reverse.

A. Former testimony of witnesses is inadmissible.

Without any foundation or predicate, the trial court admitted in evidence the testimony of two female witnesses, which testimony had been given at a previous trial between these parties. The only predicate shown appeared...

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