Forsyth v. Joseph

OPINION

OMAN, Judge.

This is a suit for the alleged wrongful death of plaintiff’s decedent, and it arises out of a collision of motor vehicles belonging to and being driven by the defendants. Defendants have taken separate appeals from a joint and several judgment entered against them.

Decedent was a guest in defendant Joseph’s automobile, and this defendant’s culpability is to be determined under our Guest Statute, § 64-24-1, N.M.S.A.1953. The culpability of defendant Villa arises from claimed negligence on his part in the operation of his vehicle. Compare Downing v. Dillard, 55 N.M. 267, 232…