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OTERO v. BURGESS

No. 924.

505 P.2d 1251 (1973)

84 N.M. 575

John L. OTERO, Administrator of the Estate of Robert Otero, Deceased, Plaintiff-Appellant, v. Jack BURGESS, Mel Vigil, James Trent, Jack H. Graves and Norman Holton and Leo Bradshaw, Defendants-Appellees.

Court of Appeals of New Mexico.

Certiorari Denied February 6, 1973.

Attorney(s) appearing for the Case

Melvin L. Robins, Lorenzo A. Chavez, Albuquerque, for plaintiff-appellant.

Lowell E. McKim, Denny, Glascock & McKim, Gallup, for defendant-appellees.

OPINION

HENDLEY, Judge.

Plaintiff appeals an adverse judgment in an action tried without a jury to recover damages for wrongful death. Plaintiff's action was against Burgess, the mine superintendent; Bradshaw, the safety director; Holton, the shift boss; Vigil, the mine foreman; Trent, the head electrician; and Graves, decedent's immediate foreman. Plaintiff seeks reversal on four grounds: (1) liability without fault for those who store dynamite; (2) absolute...

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