WILLIAMS v. BURKE

No. 6676.

357 P.2d 1087 (1960)

68 N.M. 35

Lowell WILLIAMS, Plaintiff-Appellant, v. Joe W. BURKE, Defendant-Appellee.

Supreme Court of New Mexico.

December 27, 1960.


Attorney(s) appearing for the Case

Lorenzo A. Chavez, Arturo G. Ortega, Melvin L. Robins, Albuquerque, for appellant.

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


MOISE, Justice.

Only two questions are involved in this appeal. They are, (1) should the court have instructed the jury on the doctrine of unavoidable accident, and, if so, was the instruction as given a correct statement of the rule, and (2) should the court have given an instruction on the law applicable to crosswalks?

The appeal is from a judgment in favor of defendant entered upon a jury verdict. The facts are briefly as follows: Plaintiff was a heavy...

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