Crocker v. Johnston

I concur in the result because I think the trial court should have submitted the issue of contributory negligence. I concur with Mr. Justice ZINN in his observations concerning Pettes v. Jones, supra. Instead of disturbing Pettes v. Jones, supra, the dictum contained in Thayer v. Denver & R. G. R. Co., 21 N. M. 330, 154 P. 691, and in Bell v. Carter Tobacco Co., 41 N. M. 513, 71 P. 2d 683, 685, to the effect that “The plea of contributory negligence is a plea in confession and avoidance, which admits negligence on the part of the defendant, but seeks to avoid liability therefor by alleging…