Legal Opinion

Downing v. Dillard

New Mexico Supreme Court

Decided May 28, 1951No. 5378PublishedCited by 17 opinions

1Opinion of the Court

McGHEE, Justice.

Two trucks owned respectively by Robinson and Durbin collided on a public highway west of Roswell, New Mexico, while traveling in opposite directions, seriously injuring the plaintiff, Downing, who was then riding as a guest with Robinson.

The trial court found the collision was due to each truck having exceedingly bright lights, which were not dimmed as they approached each other, and each being operated too near the center of the highway, and rendered judgment in favor of Downing against Durbin and Dillard, the- driver of Durbin’s truck for $7,500.

The defendants, by…

2Cases cited2 opinions

  1. Patterson v. TomlinsonCourt of Appeals of Texas · 1938
  2. Mitchell v. GoochCourt of Appeals of Texas · 1948

3Cited by17 opinions

  1. Bartlett v. New Mexico Welding Supply, Inc.New Mexico Court of Appeals · 1982
  2. Tipton v. Texaco, Inc.New Mexico Supreme Court · 1985
  3. Burmeister v. YoungstromSouth Dakota Supreme Court · 1965
  4. Troutman v. ModlinCourt of Appeals for the Eighth Circuit · 1965
  5. Carpenter v. YatesNew Mexico Supreme Court · 1954

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