[Download] "Fowler v. Franklin" by New Mexico Supreme Court # eBook PDF Kindle ePub Free
eBook details
- Title: Fowler v. Franklin
- Author : New Mexico Supreme Court
- Release Date : January 02, 1954
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 52 KB
Description
This is a passengers action for damages against appellee Viola Franklin, the driver of an automobile in which she was riding as a guest, and appellee Raymond M. Castor, the driver of another automobile, for personal injuries sustained in a collision. The concurring heedlessness and reckless disregard of the rights of others by the former and the negligence of the latter is charged as a proximate cause of the accident. Appellee Franklin denied the material allegations and interposed as separate defenses, the guest statute and contributory negligence. Appellee Castor likewise denied the material allegations and as a separate defense pleaded appellants contributory negligence in knowingly riding with appellee Franklin, an alleged intoxicated driver, as a contributing cause of the accident. The cause was tried to a jury and upon submission of appellee evidence, the court granted appellee Franklins motion for a nonsuit and the jury returned a verdict in favor of appellee Castor. From a final judgment following the verdict, appellant is here seeking review of alleged errors.