Falkner v. Martin

NOBLE, Justice.

Elizabeth Falkner was struck by defendant’s automobile at a street intersection in Los Alamos, New Mexico. Plaintiffs have appealed from a judgment against them following a jury verdict finding the issues ■ in defendant’s favor.

Error is predicated upon the fact that an unavoidable accident instruction was given, plaintiffs claiming that there is no evidence in the record from which the jury could have determined that neither party was negligent.

The sole question presented under this claim of error is whether there is evidence from which the jury could conclude that the accident…