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HOCKETT v. CHAPMAN

No. 6968.

366 P.2d 850 (1961)

69 N.M. 324

Victor HOCKETT, Plaintiff-Appellant, v. J. E. CHAPMAN and Warren W. Bachus, Defendants-Appellees, Employers Casualty Company, Intervenor-Appellant.

Supreme Court of New Mexico.

November 27, 1961.

Attorney(s) appearing for the Case

Webb & Beavers, Farmington, for appellant Victor Hockett.

Oscar L. Donisthorpe, Farmington, for appellant Employers Cas. Co.

Tansey, Wood, Rosebrough & Roberts, Farmington, for appellees.

COMPTON, Chief Justice.

This is a personal injury action. The appeal results from the dismissal of appellant's complaint on the ground that appellant, having received workmen's compensation benefits, may not recover for the negligence of a coemployee where the damages sought are based on injuries received in an accident arising out of and in the course of employment and where such injuries were caused by the negligence of a coemployee.

Appellant and appellees...

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