SNARR v. CARROLL

No. 6276.

320 P.2d 736 (1958)

63 N.M. 380

Charles S. SNARR and Emma M. Snarr, Plaintiffs-Appellees, v. Claude M. CARROLL and Employers' Fire Insurance Company, Defendants-Appellants.

Supreme Court of New Mexico.

January 15, 1958.


Attorney(s) appearing for the Case

Rodey, Dickason, Sloan, Akin & Robb, James C. Ritchie, Albuquerque, for appellants.

Brown & Wood, Farmington, for appellees.


COMPTON, Justice.

The questions presented by this appeal are (a) whether under the provisions of the Workmen's Compensation Act the child of a deceased workman under 18 years is conclusively presumed to be an actual dependent, and (b) where actual dependency of the child is not established, may the partially dependent parents of the workman recover death benefits. The problem is one of construction.

The applicable statute is § 59-10-12(j), NMSA, 1953...

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