ROSEBERRY v. PHILLIPS PETROLEUM COMPANY

No. 6956.

369 P.2d 403 (1962)

70 N.M. 19

Sarah ROSEBERRY, Plaintiff-Appellant, v. PHILLIPS PETROLEUM COMPANY and W. A. Starkovich, Defendants-Appellees.

Supreme Court of New Mexico.

February 28, 1962.


Attorney(s) appearing for the Case

Phillips, Dolan & Clear, Warren F. Reynolds, Albuquerque, for appellant.

Rodey, Dickason, Sloan, Akin & Robb, James C. Ritchie, Joseph J. Mullins, Albuquerque, for appellees.


NOBLE, Justice.

Two questions are presented by this appeal: first, is the New Mexico Workmen's Compensation Act a bar to an action against the employer by a third party for her damage caused by the employer's negligent injury of an employee, covered by the Act and receiving compensation? And, second, does the Workmen's Compensation law bar an action by a third party against a fellow-employee of an injured workman for damage caused such third party by the negligent...

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