GONZALES v. COE

No. 5816.

277 P.2d 548 (1954)

59 N.M. 1

Aristeo GONZALES, Claimant, Plaintiff and Appellant, v. Clyde COE, d/b/a C & C Contractors, Employer; Mountain States Mutual Casualty Company, Insurer, Defendants and Appellees.

Supreme Court of New Mexico.

December 10, 1954.


Attorney(s) appearing for the Case

McAtee & Toulouse, Albuquerque, for appellant.

Simms & Modrall, George T. Harris, Jr., Albuquerque, for appellees.


COMPTON, Justice.

Claimant sues for workmen's compensation and for an additional 50% as penalty for failure of the employer to provide safety devices. In October 1950, while claimant was engaged in repairing a sewer line, the ditch in which he was working caved in, covering him to the waist. At the same time, he was hit on the right shoulder by a piece of asphalt. Subsequently, in November 1953, he filed a claim for compensation as a result of the shoulder injury...

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