New Mexico Court of Appeals April 13, 1973, 1021 (White v. Wayne A. Lowdermilk, Inc.)

OPINION

WOOD, Chief Judge.

The dispositive issues in defendant’s appeal are: (1) whether the trial court could properly enter judgment on a theory of bailment and (2) the presumption of negligence in a bailment situation.

Defendant was the contractor on a highway construction project. Plaintiff had a front-end loader which he rented to defendant and which was used on the construction project.