Tuso v. Markey

Upon consideration of motion for rehearing the opinion heretofore filed in said cause is withdrawn and the following substituted therefor.

COMPTON, Chief Justice.

Appellant appeals from an adverse judgment in an action for damages for personal injuries, allegedly due to the negligence of appellees.

Appellees operate a restaurant at 8100 Central Avenue S. E. in the City of Albuquerque. On September 1, 1953, appellant, accompanied by relatives, went to appellees' restaurant for dinner. They were directed to a table where they were later served. She was at the table for a considerable time, perhaps…