JONTZ v. ALDERETE

No. 6227.

326 P.2d 95 (1958)

64 N.M. 163

Vernon F. JONTZ, Plaintiff-Appellee, v. Leo ALDERETE, Intervenor-Appellant, Benjamin Padilla, Defendant.

Supreme Court of New Mexico.

Rehearing Denied June 16, 1958.


Attorney(s) appearing for the Case

Irwin S. Moise, Lewis R. Sutin, J.L. Leftow, Albuquerque, for appellant.

Rodey, Dickason, Sloan, Akin & Robb, Albuquerque, for appellee.


KIKER, Justice.

On May 3, 1957, at about 7:15 p.m. the plaintiff, Vernon Jontz, was driving his car east on Fruit Avenue in the city of Albuquerque, New Mexico. The defendant, Benjamin Padilla, was driving north on Seventh Street. The intervenor, Leo Alderete, a co-worker of the defendant, was being driven home by the defendant at the end of the working day.

Fruit Avenue and Seventh Street intersect at right angles. There are no traffic controls at this intersection...

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