(DOWNLOAD) "Bryan V. Phillips" by New Mexico Supreme Court * Book PDF Kindle ePub Free
eBook details
- Title: Bryan V. Phillips
- Author : New Mexico Supreme Court
- Release Date : January 21, 1962
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 53 KB
Description
This is an action for damages for personal injuries resulting from an accident occurring at the intersection of Monte Vista and Dartmouth in Albuquerque, New Mexico, in which appellant, a pedestrian, was struck by appellees' automobile, being driven by appellee, June Emma Phillips. The appellant alleged negligence on the part of appellee, June Emma Phillips, in the operation of her automobile. She also pleaded the last clear chance doctrine. Appellees denied any negligence and affirmatively alleged contributory negligence on the part of appellant as the proximate cause of the injuries sustained by her. The cause was tried to a jury and, at the close of the evidence, appellees' motion for a directed verdict was denied; however, their motion to strike the doctrine of last clear chance from the consideration of the jury was granted. The jury returned a verdict for appellees' and judgment thereon was rendered. This appeal follows a denial of appellant's motion for a new trial or judgment notwithstanding the verdict, and specifies five points of error which appellant contends were committed by the trial court.