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McCRARY v. BILL McCARTY CONST. CO., INC.

No. 3413.

591 P.2d 683 (1979)

92 N.M. 552

Leonard E. McCRARY, Plaintiff-Appellant, v. BILL McCARTY CONSTRUCTION CO., INC., a New Mexico Corporation, Defendant-Appellee.

Court of Appeals of New Mexico.

February 6, 1979.

Attorney(s) appearing for the Case

Michael D. Bustamante, Ortega & Snead, Albuquerque, for plaintiff-appellant.

R.E. Thompson, Bob F. Turner, Atwood, Malone, Mann & Cooter, P.A., Roswell, for defendant-appellee.

OPINION

HENDLEY, Judge.

Plaintiff appeals an adverse jury verdict in a personal injury action. Plaintiff was constructing a home. He cleared the lot of small trees. In removing the trees, he cut them so that there were pointed stumps two to six inches high. Plaintiff ordered fill-dirt from defendant. Upon arriving at the site, defendant's employee expressed concern that he might ruin a tire if he ran over one of the pointed stumps. Defendant's employee testified...

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