Cook v. O'CONNELL

McGHEE, Justice.

Plaintiff, Francis A. Cook, filed suit in the District Court of Santa Fe County, New Mexico against three defendants, Jackie O’Connell, Daniel O’Connell (Jackie’s father), and Richard Davis, seeking damages for the destruction of his equipment and personal effects as the result of the alleged negligent burning of a garage leased by him. Service of process was not made upon the O’Connells so the trial before the court without a jury proceeded solely against the defendant, Richard Davis.

Upon the conclusion of plaintiff’s evidence, including the testimony of the defendant Davis…