Legal Opinion

Rogers v. Thomas

New Mexico Court of Appeals

Decided July 10, 1970No. 425PublishedCited by 12 opinions

1Opinion of the Court

OPINION

OMAN, Judge.

Plaintiff brought suit under our Wrongful Death Act [§§ 22-20-1 and 3, N.M. S.A.1953, and §§ 22-20-2 and 4, N.M.S.A. 1953 (Supp.1969)], for the alleged wrongful death of decedent, Clarence L. Rogers. From a judgment entered upon a jury verdict in favor of defendants, plaintiff appeals. Five separate points are relied upon for reversal, but we consider only one, which requires reversal and remand for a new trial.

Plaintiff urges, and we agree, that the trial court erred in refusing to give the following requested instruction to the jury:

“There was in force in the city at the…

2Cases cited4 opinions

  1. Fitzgerald v. ValdezNew Mexico Supreme Court · 1967
  2. Stephens v. DulaneyNew Mexico Supreme Court · 1967
  3. McKeough v. RyanNew Mexico Supreme Court · 1968
  4. In Re Estate of BarrWashington Supreme Court · 1969

3Cited by12 opinions

  1. Mantz v. FollingstadNew Mexico Court of Appeals · 1972
  2. Bendorf v. Volkswagenwerk AktiengeselischaftNew Mexico Court of Appeals · 1975
  3. Lozoya v. SanchezNew Mexico Supreme Court · 2003
  4. LaBarge v. StewartNew Mexico Court of Appeals · 1972
  5. Kindschi v. WilliamsNew Mexico Court of Appeals · 1974

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