Legal Opinion

Martin Ex Rel. Martin v. Darwin

New Mexico Supreme Court

Decided December 5, 1966No. 7922PublishedCited by 11 opinions

1Opinion of the Court

OPINION

•' JOE W. WOOD, Judge, Court of Appeals.

Aggravation of a pre-existing condition was included in the damage instruction as an item for which damages could be awarded. Defendants objected to this inclusion, claiming there was no evidence of aggravation. The objection raised two issues: (1) evidence of causal connection and (2) evidence of the extent of aggravation.

There was a two-car accident. At the time of the accident Dennis Martin was driving an automobile owned by his father, George Martin, and Tom Darwin was driving an automobile owned by his father, Ray Darwin.

Plaintiffs sought…

2Cases cited7 opinions

  1. Woods v. BrumlopNew Mexico Supreme Court · 1962
  2. Baros v. KazmierczwkNew Mexico Supreme Court · 1961
  3. Hebenstreit v. Atchison, Topeka & Santa Fe Railway Co.New Mexico Supreme Court · 1959
  4. The Sweet Milk Co., a Texas Corporation v. John Stanfield and Mary Stanfield, His WifeCourt of Appeals for the Ninth Circuit · 1965
  5. Louisville Taxicab & Transfer Co. v. HillCourt of Appeals of Kentucky (pre-1976) · 1947

2 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Selgado v. Commercial Warehouse CompanyNew Mexico Court of Appeals · 1974
  2. Westbrook v. Lea General HospitalNew Mexico Court of Appeals · 1973
  3. Chavez v. Atchison, Topeka and Santa Fe Railway Co.New Mexico Supreme Court · 1967
  4. Morris v. RogersNew Mexico Supreme Court · 1969
  5. Alvillar v. HatfieldNew Mexico Court of Appeals · 1971

6 more not listed; retrieve them via the Exa API.

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