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MIZER v. SOUTHERN PACIFIC COMPANY

No. 7940.

419 P.2d 452 (1966)

77 N.M. 74

Claude MIZER, Executor of the Estate of Marie Thompson Mizer, Deceased, Plaintiff-Appellant, v. SOUTHERN PACIFIC COMPANY, a corporation, Defendant-Appellee.

Supreme Court of New Mexico.

October 24, 1966.

Attorney(s) appearing for the Case

Schaber & Arthur, Deming, Fred J. Pain, Jr., Phoenix, Ariz., for appellant.

White, Gilbert, Koch & Kelly, Santa Fe, for appellee.

OPINION

E.T. HENSLEY, Jr., Chief Judge, Court of Appeals.

The plaintiff, executor, sought to recover damages in a wrongful death action. The defendant, Southern Pacific Company, was alleged to be the employer of the co-defendant, Ramon V. Mendoza.

After the joinder of issue and the taking of depositions the defendant, Southern Pacific Company, moved for summary judgment in its favor. From an order granting the motion the plaintiff has prosecuted...

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