SANDERS v. ATCHISON, TOPEKA & SANTA FE RAILWAY CO.

No. 6459.

336 P.2d 324 (1959)

65 N.M. 286

Roger SANDERS, Plaintiff-Appellee, v. ATCHISON, TOPEKA & SANTA FE RAILWAY COMPANY, C. E. Harper, O. K. Merritt, H. A. Wingfield and J. W. Gunn, Defendants-Appellants, The Travelers Insurance Company, Plaintiff in Intervention-Appellee.

Supreme Court of New Mexico.

March 2, 1959.


Attorney(s) appearing for the Case

B. G. Johnson, R.G. Cooper, Albuquerque, for appellants.

McAtee, Toulouse & Marchiondo, B. J. Stephens, Albuquerque, for defendants-appellees.

Rodey, Dickason, Sloan, Akin & Robb, Jackson G. Akin, Albuquerque, for plaintiff-in-intervention-appellee.


CARMODY, Justice.

This is a civil action for personal injuries brought against the railroad and the members of a train crew, with the Travelers Insurance Company, plaintiff in intervention, seeking the amount it had heretofore paid the plaintiff by way of workmen's compensation. It should be noted that this is not an action under the Federal Employees Liability Act, 45 U.S.C.A. § 51 et seq.

Appellee Sanders and the insurance company recovered judgment...

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