Fairchild v. United Service Corporation

BRICE, Chief Justice.

Plaintiff (appellant), as administrator of the estate of Kendrick Ivan Fairchild, deceased, instituted this action to recover damages alleged to have been sustained because of the wrongful death of his decedent, caused by defendants’ (appellees’) negligence.

After answering defendants moved for a summary judgment, alleging that at. the time deceased was struck and killed by defendant corporation’s truck the defendant was hauling and disposing of garbage in the City of Albuquerque, and “said truck at the time of said accident was a public conveyance and was being operated…