Alexander v. Cowart

SEYMOUR, Justice.

Plaintiff sued defendant for property damage arising out of a two-vehicle collision some ten miles northwest of Española, New Mexico. Complaint was based upon defendant’s alleged negligence; defendant denied negligence and plead affirmative defenses of contributory negligence and last clear chance. Trial was had before the court without a jury and resulted in a judgment, of $5,556.72, from which judgment defendant appeals.

The six points presented and argued by defendant may be classified generally as follows : (1) The first five points, addressed to defendant’s primary…