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FIREMAN'S FUND INS. CO. v. TUCKER

No. 4307.

618 P.2d 894 (1980)

FIREMAN'S FUND INSURANCE COMPANY, Underwriters at Lloyds, London, and Landy Packing Company, and Gordon L. Goss, and James C. Hinsley and Larry G. Hinsley and Jerry D. Hinsley, Plaintiffs-Appellants, v. Roy TUCKER, Jr., Dixie C. Tucker, Ginerva G. Helms, G.L. Tucker, Cloma J. Beanblossom, Defendants-Cross-Claimants, Appellants, and The New Mexico State Highway Department, Defendant-Appellee.

Court of Appeals of New Mexico.

Writ of Certiorari Quashed October 9, 1980.

Attorney(s) appearing for the Case

Steven L. Bell, Atwood, Malone, Mann & Cooter, P.A., Roswell, B. James Reeves, Campbell, Reeves, Burn, Dolan & Burn, P. A., Las Cruces, New Mexico, for plaintiffs appellants.

John E. Conway, Durrett, Conway & Jordan, P.C., Alamogordo, for defendant-appellee.

OPINION

LOPEZ, Judge.

This suit arose out of two separate accidents where a trailer-tractor collided with a cow on a public highway. The two cows were owned by Cross Claimant-Appellants. Plaintiffs sued the owners of the cows for negligence in failing to prevent their livestock from running on a fenced public highway and the Highway Department for failing to properly inspect and maintain the fence along the highway. The cattle owners cross-claimed against...

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