O'MEARA v. COMMERCIAL INSURANCE COMPANY

No. 6991.

376 P.2d 486 (1962)

71 N.M. 145

Minnie E. O'MEARA, Plaintiff-Appellee and Cross-Appellant, v. COMMERCIAL INSURANCE COMPANY, a corporation, Defendant-Appellant and Cross-Appellee.

Supreme Court of New Mexico.

November 26, 1962.


Attorney(s) appearing for the Case

Mears, Mears & Boone, Portales, for appellant.

Frank M. Mims, Albuquerque, for appellee.


CARMODY, Justice.

Defendant insurance company appeals an award which was granted below under a $50.00-deductible automobile policy. Plaintiff cross-appeals, claiming a different measure of damages from that applied by the trial court, and for interest on the amount due.

The questions presented, as to both the appeal and cross-appeal, are really those of substantial evidence, although the cross-appeal has an additional...

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