Sellman v. Haddock

KIKER, Justice.

On May 9, 1955, in Hatch, New Mexico, plaintiff’s auto and defendant’s truck collided within an intersection of two streets. Damage was done to both vehicles. Plaintiff’s automobile was repaired at a cost of $533.21. Plaintiff paid $50 only of the cost of the repair of his automobile. Plaintiff’s insurer paid the balance. The foregoing facts are stated in the findings made by the court.

Under Rule 36 of the Rules of Civil Procedure for the District Courts the defendant made written request of plaintiff f.or certain admissions of fact. In answer to this request plaintiff admitted…