Legal Opinion · Dissent

Silva v. Haake

New Mexico Supreme Court

Decided June 11, 1952No. 5487Published

1DissentSadler, Justice

This judgment should not stand. It is based on the strange and inherently improbable story of a near midnight journey to Grants for the stated purpose ' of buying water bags and an alarm clock. Yet Freeman and Lopez admittedly spent practically the entire time while there in a saloon from which they emerged at 2 a. m., closing time, “staggering drunk” to become involved in the car wreck in which plaintiff was injured some 15 minutes later one mile from Grants enroute back to San Fidel, 15 miles away. They had not left San Fidel on this ill fated journey until 10 :30 p. m., a few hours…

2Cases cited9 opinions

  1. Ortega v. KouryNew Mexico Supreme Court · 1951
  2. De Baca v. KahnNew Mexico Supreme Court · 1945
  3. State v. ArmijoNew Mexico Supreme Court · 1931
  4. Southern Union Gas Co. v. CantrellNew Mexico Supreme Court · 1952
  5. Williams v. EnglerNew Mexico Supreme Court · 1942

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