ABEYTA v. PAVLETICH

No. 5604.

260 P.2d 366 (1953)

57 N.M. 454

ABEYTA v. PAVLETICH et al.

Supreme Court of New Mexico.

August 13, 1953.


Attorney(s) appearing for the Case

John B. Wright, Raton, Rodey, Dickason, Sloan, Mims & Akin, Albuquerque, for appellants.

J.V. Gallegos, Tucumcari, Herbert B. Gerhart, Raton, for appellee.


McGHEE, Justice.

The appellee was awarded the fifty percent penalty, amounting to $2,430, following the death of her late husband because of the failure of the employer to furnish a safety device in general use in the construction industry as provided by Section 57-907, 1941 Compilation.

The employer, Pavletich, had made an excavation 19 feet deep, which measured 87 feet on the east and west, and 142 feet on the north and south, in which to lay a foundation...

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