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SWALLOWS v. CITY OF ALBUQUERQUE

No. 5825.

284 P.2d 216 (1955)

59 N.M. 328

Albert T. SWALLOWS, Claimant, Plaintiff, Appellee and Cross-Appellant, v. CITY OF ALBUQUERQUE, Employer, Mountain States Mutual Casualty Co., Insurer, Defendants, Appellants and Cross-Appellees.

Supreme Court of New Mexico.

Rehearing Denied June 16, 1955.

Attorney(s) appearing for the Case

Frank L. Horan, Albuquerque, for appellant, City of Albuquerque.

A.T. Hannett, G.W. Hannett, W.S. Lindamood, Albuquerque, for appellant, Mountain States Mut. Casualty Co.

Joseph L. Smith, Lorenzo A. Chavez, Arturo G. Ortega, Albuquerque, for appellee and cross-appellant.

COMPTON, Chief Justice.

On March 20, 1953, claimant instituted this action for workmen's compensation for an accidental injury sustained by him on May 24, 1949. The cause was tried to a jury and from an adverse judgment, appellants bring the cause here for a review of alleged errors. The failure to provide safety devices is made the basis of the judgment against the city, consequently, the employer's appeal rests upon the...

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