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WILLIAMSON v. SMITH

No. 9243.

491 P.2d 1147 (1971)

83 N.M. 336

John A. WILLIAMSON and Royal Globe Insurance Group, Petitioners, v. E.J. SMITH, d/b/a E.J. Smith Plumbing & Heating and J.R. Trenching and Excavating Company, Inc., Respondents.

Supreme Court of New Mexico.

Rehearing Denied January 10, 1972.

Attorney(s) appearing for the Case

Sutin, Thayer & Browne, Irwin S. Moise, Albuquerque, for petitioners.

Iden & Johnson, J.J. Monroe, Albuquerque, for respondent Smith.

Civerolo, Hansen & Wolf, Albuquerque, for respondent J.R. Trenching & Excavating Co.

OPINION

STEPHENSON, Justice.

The plaintiff, Williamson, a journeyman plumber, sought damages against E.J. Smith, a master plumber, and J.R. Trenching and Excavating Company (J.R.), for injuries which he received from a cave-in while he was laying pipe in the bottom of a trench.

The particular work was part of a construction project of Warren Properties, who had hired Smith to do the plumbing work. Smith, in turn, had hired plaintiff through an arrangement...

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