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RUST TRACTOR CO. v. SOUTHERN UNION GAS CO.

No. 9634.

512 P.2d 83 (1973)

85 N.M. 323

RUST TRACTOR COMPANY et al., Plaintiffs-Appellants, v. SOUTHERN UNION GAS COMPANY, Defendant-Appellee.

Supreme Court of New Mexico.

July 13, 1973.

Attorney(s) appearing for the Case

Frazier, Cusack & Schnedar, Roswell, for plaintiffs-appellants.

Keleher & McLeod, Russell Moore, John S. Campbell, Albuquerque, for defendant-appellee.

OPINION

McMANUS, Chief Justice.

This cause was submitted to the District Court of Otero County, New Mexico, on stipulated facts which show that an employee of the railroad, moving earth with a Caterpillar tractor, negligently ruptured one of Southern Union Gas Company's pipelines. The work was being done to repair damage caused by a train derailment. A resulting fire destroyed the tractor.

In a complaint based on the indemnity provisions of a license...

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