OWEN v. BURN CONST. CO.

No. 11134.

563 P.2d 91 (1977)

90 N.M. 297

A.A. OWEN and Rubye N. Owen, his wife, Petitioners, v. BURN CONSTRUCTION COMPANY, Respondent.

Supreme Court of New Mexico.

Rehearing Denied May 4, 1977.


Attorney(s) appearing for the Case

Martin, Martin & Lutz, James T. Martin, Jr., Michael L. Winchester, Las Cruces, for petitioners.

Edward E. Triviz, Keith S. Burn, Las Cruces, for respondent.


OPINION

EASLEY, Justice.

Plaintiffs A.A. Owen and his wife, Rubye, (Owen), owners of a restaurant building in Las Cruces, sued Burn Construction Company, Inc. (Burn) in damages for the negligent destruction of the building. The jury returned a verdict of $3500.00 in favor of Owen. Both parties filed motions for judgment notwithstanding the verdict and both motions were denied by the trial court. Both parties appealed to the Court of Appeals and that court...

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