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Trujillo v. Clark

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eBook details

  • Title: Trujillo v. Clark
  • Author : New Mexico Supreme Court
  • Release Date : January 17, 1963
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 51 KB

Description

The appellant Trujillo, plaintiff below, on the morning of October 13, 1958, went to defendants automobile wrecking yard at Santa Fe looking for used parts for his car. He was 60 years of age, had had no schooling, and stated his occupation as a skilled laborer and carpenters helper. In that portion of the yard where old and wrecked cars were stored, he found a front seat cushion which he wanted, and returned that afternoon to obtain it after ascertaining its price from the defendant. It had to be detached from a Ford car near which was leaning a Chevrolet, and while he was going between these cars, the Chevrolet in some unexplained manner fell over and against him causing the injuries complained of. He had gone between these two cars that morning without incident and testified that he apprehended no danger in doing so. He could have gotten the cushion without going between the cars, but stated he retraced his path because he was sure it was safe to do so -- "Because there was no danger," in his words. In this area, cars which had been stripped of usable parts were piled or stacked so as to facilitate burning, after which they were cut into pieces for scrap metal.


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