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BROWN v. HAYES

No. 6736.

363 P.2d 632 (1961)

69 N.M. 24

C.G. BROWN, d/b/a Brown's Fixit Shop, Plaintiff-Appellee, Rainbo Baking Company, Third-Party Defendant-Appellee, St. Paul Fire and Marine Insurance Company, a corporation; R.G. Windsor; George Bumby and Government Employees Insurance Company, Intervenors-Appellees, v. James W. HAYES and J.T. Hayes, Defendants-Third-Party Plaintiffs-Appellants.

Supreme Court of New Mexico.

July 13, 1961.

Attorney(s) appearing for the Case

Iden & Johnson, R.G. Cooper, Robert W. McCoy, Albuquerque, for appellants.

McAtee, Toulouse, Marchiondo, Ruud & Gallagher, Albuquerque, for C.G. Brown, d/b/a Brown's Fixit Shop and Rainbo Baking Co.

Sheehan & Duhigg, Albuquerque, for St. Paul Fire & Marine Ins. Co. and R.O. Windsor.

Adams, Foley & Calkins, Albuquerque, for George Bumby and Government Employees Ins. Co.

CARMODY, Justice.

Defendants appeal from the award of property damages in favor of the various other parties, following a non-jury trial of two consolidated cases which arose out of one "chain reaction" automobile accident.

The only real question is whether there was contributory negligence as a matter of law so as to bar a recovery by one of the plaintiffs, although defendants also assert a procedural error with respect to the trial court's findings and conclusions...

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