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BORDEN v. CREAMLAND DAIRIES, INCORPORATED

No. 601.

485 P.2d 739 (1971)

82 N.M. 628

Richard D. BORDEN and Ralph Barry Borden, Plaintiffs-Appellees, v. CREAMLAND DAIRIES, INCORPORATED and Woodrow Wilson Fox, Defendants-Appellants.

Court of Appeals of New Mexico.

May 14, 1971.

Attorney(s) appearing for the Case

J. J. Monroe, Joe Diaz, Iden & Johnson, Albuquerque, for defendants-appellants.

John P. Salazar, Rodey, Dickason, Sloan, Akin & Robb, Albuquerque, for plaintiffs-appellees.

OPINION

SPIESS, Chief Judge.

This action resulted from a collision between a moving automobile and a parked truck. The automobile was owned by plaintiff, Richard D. Borden, and was being driven by his son, Ralph Barry Borden (Barry). The truck was owned by Creamland Dairies, Incorporated, and was being used at the time in the delivery of milk, or milk products, by its employee, Woodrow Wilson Fox (Fox). The defendants have appealed from a judgment adverse...

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