MONTOYA v. KENNECOTT COPPER CORPORATION

No. 6035.

299 P.2d 84 (1956)

61 N.M. 268

Genoveva MONTOYA, as next friend of Maria Olivia Portillo, dependent of Jose Salvador Portillo, Deceased, Claimant-Appellant, v. KENNECOTT COPPER CORPORATION, Chino Mines Division, Santa Rita, New Mexico, Employer-Appellee.

Supreme Court of New Mexico.

June 25, 1956.


Attorney(s) appearing for the Case

Hannett & Hannett, Albuquerque, Edison C. Serna, Silver City, for appellant.

Ben Shantz, Silver City, H. Vearle Payne, Lordsburg, I.M. Smalley, Deming, for appellee.


SADLER, Justice.

The plaintiff below, the appellant in this Court, suing as next friend for Maria Olivia Portillo, the minor child and dependent of Jose Salvador Portillo, her father, sought recovery of the extra compensation of 50 per cent. provided by 1953 Comp. § 59-10-7, for the alleged violation of its terms in the failure to provide a safety device required by law. Such failure it is said was responsible for an explosion resulting in the death of the minor...

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