Gould v. Brown Construction Company

CARMODY, Chief Justice.

Plaintiffs appeal from an adverse jury verdict in a damage action arising out of a collision which occurred during a dust storm.

The defendant Fox was an employee of the defendant construction company, and on the- day in question was driving his vehicle easterly from Deming, New Mexico. At several places along the highway, there were dust-cloud formations which rendered driving difficult. As Fox proceeded, he saw the particular dust cloud from about a half mile away and drove into it at a speed of approximately twenty-five miles per hour. According‘to his testimony, he…