Pitner v. Loya

TACKETT, District Judge.

This matter comes up on appeal by the appellant-plaintiff from the District Court of Dona Ana County in which the appellant-plaintiff, W. A. Pitner, filed an action against the appellee-defendant, Max Loya, claiming damages as a result of an automobile accident. The parties will be referred to as they appeared in the trial court.

It is alleged that the automobile accident occurred on February 27, 1957, at about 8:00 o’clock p.m., approximately fourteen miles south of Las Cruces, New Mexico, on the new or upper ü. S. Highway 80-85. The plaintiff had been riding in a 1938…