Embrey v. Galentin

OPINION

E. T. HENSLEY, Jr., Chief Judge, Court of Appeals.

Shortly after 5:00 p. m. on March 6, 1964, Otis Head, having concluded his scheduled day’s work for his employer, Larry J. Galentin, and driving a pick-up truck owned by his employer, started home. The employee, being subject to call at all hours, kept the vehicle in his possession at night. A stop was made at a bar and later another stop at another bar. Leaving the last bar, Otis Head drove north on Main Street in Las Cruces toward his home, situate at the southwest corner of the intersection of North Main and Cambridge streets. Earl…