State Ex Rel. State Highway Commission v. Mauney , 76 N.M. 36 ( 1966 )

MOISE, Justice

(specially concurring in the result) :

I have three times expressed my disagreement with the rule of law here followed. See State ex rel. State Highway Commission v. Silva, 71 N.M. 350, 356, 378 P.2d 595; State ex rel. State Highway Commission v. Danfelser, 72 N.M. 361, 369, 384 P.2d 241; State ex rel. State Highway Commission v. Lavasek, 73 N.M. 33, 39, 385 P.2d 361. The other members of the court remain unconvinced by what, I said in my dissents. It thus appears that the rule announced in these cases, being the law in this state, no useful purpose would be served by further expressions of disagreement on my part. Although there are some minor factual differences between this case and those already decided, I can find no substantial basis for a contrary result, and while I still disagree with the reasoning, the earlier decisions support the conclusion here reached.

Accordingly, I concur in the result.