Legal Opinion
Perez v. Miller
New Mexico Court of Appeals
Decided March 28, 1969No. 267PublishedCited by 4 opinions
1Opinion of the Court
OPINION
WOOD, Judge.
We are concerned with two gas valves, each of which had two outlets, and with plaintiff’s failure to discover that one of the outlets on the second valve was uncapped.
Plaintiff sued for injuries suffered in a gas explosion. The trial court entered summary judgment for defendant. We assume there is a factual issue as to defendant’s negligence. The question is whether, under the rules recently restated in Wisehart v. Mt. States Tel. & Tel. Co. (Ct.App.), 453 P.2d 771, decided March 14, 1969, there is any material issue as to plaintiff’s contributory negligence.
Plaintiff, an…
2Cases cited8 opinions
- Sawyer v. Southern California Gas Co.California Supreme Court · 1929
- Fonda v. Northwestern Public Service Co.Nebraska Supreme Court · 1940
- Fonda v. Northwestern Public Service Co.Nebraska Supreme Court · 1938
- Reeder v. Western Gas & Power Co.Washington Supreme Court · 1953
- Wisehart v. Mountain States Telephone & Telegraph Co.New Mexico Court of Appeals · 1969
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3Cited by4 opinions
- Syroid Ex Rel. Syroid v. Albuquerque Gravel Products Co.New Mexico Supreme Court · 1974
- Employers Casualty Company v. MoystonNew Mexico Court of Appeals · 1969
- Werner v. City of AlbuquerqueNew Mexico Court of Appeals · 1976
- Mercer v. FlatsNew Mexico Court of Appeals · 1978