[Download] "Roybal v. Lewis" by New Mexico Supreme Court " eBook PDF Kindle ePub Free
eBook details
- Title: Roybal v. Lewis
- Author : New Mexico Supreme Court
- Release Date : January 22, 1968
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 50 KB
Description
Plaintiffs attack certain of the instructions given and the courts refusal to give others requested. They first complain of the giving of an instruction on unavoidable accident arguing that reasonable minds could not differ that this accident was caused by the negligence of someone and, accordingly, an unavoidable-accident instruction should not have been given. We cannot agree. In Zamora v. Smalley, 68 N.M. 45, 358 P.2d 362, we said: "The test is whether there is evidence from which the jury could conclude that the accident occurred without the negligence of anyone being the proximate cause." See also Lucero v. Torres 67 N.M. 10, 350 P.2d 1028.