Williams Ex Rel. Estate of Martinez v. Town of Silver City

(partially concurring, and dissenting).

I concur in that part of the result of the majority opinion which reverses the judgment n. o. v. I dissent because a new trial was granted defendant. The judgment for plaintiffs should be reinstated.

This tragedy occurred almost five years ago. The delay in retrying this case will have adverse effects on both parties. Experience teaches that the glow of a trial fades when the burdens of the courtroom repeat themselves.

The majority opinion grants a new trial on a trivial, legal question consisting of a phrase in an instruction admitted by defendant to be…