SANDOVAL v. BROWN

No. 6569.

346 P.2d 551 (1959)

66 N.M. 235

Tony SANDOVAL, Plaintiff-Appellant, v. Clarence Ray BROWN, Defendant-Appellee.

Supreme Court of New Mexico.

Rehearing Denied December 7, 1959.


Attorney(s) appearing for the Case

Smith, Kiker & Kitts, Epifanio Garcia, Jr., Albuquerque, Patricio S. Sanchez, Santa Fe, for appellant.

Rodey, Dickason, Sloan, Akin & Robb, Charles B. Larrabee, Albuquerque, for appellee.


MOISE, Justice.

This is an appeal from the action of the district court in instructing the jury to return a verdict for defendant-appellee at the close of plaintiff-appellant's presentation of evidence, for the announced reason that the evidence disclosed that plaintiff was guilty of contributory negligence such as would bar him from a recovery as a matter of law.

The only question involved is whether or not the court erred in so ruling.

In order to...

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