Alexander v. Delgado Ex Rel. Delgado

OPINION

STEPHENSON, Justice.

DefendantAppellee prevailed on trial of this negligence action. The Court of Appeals reversed and remanded for a new trial. Delgado v. Alexander, 84 N.M. 456, 504 P.2d 1089 (Ct.App.1972). We granted certiorari.

We will consider only the limb of the case which relates to the defense of unavoidable accident. We are concerned with the disposition made by the Court of Appeals of that defense and the manner in which it arrived at its decision in respect to it, although we do not differ with the ultimate result it reached.

This court, and the Court of Appeals as well, have…