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ABBOTT v. DONATHON

No. 1275.

525 P.2d 404 (1974)

86 N.M. 477

Ethel ABBOTT, surviving widow of John Benjamin Abbott, Deceased, Plaintiff-Appellee, v. Benjamin F. DONATHON, d/b/a Donathon Plumbing and Heating Company, Employer, and Western Casualty and Surety Company, Insurer, Defendants-Appellants.

Court of Appeals of New Mexico.

July 24, 1974.

Attorney(s) appearing for the Case

J. Duke Thornton, Shaffer, Butt & Jones, Albuquerque, for defendants-appellants.

Steven Lee Tucker, Watson, Stillinger & Lunt, Santa Fe, for plaintiff-appellee.

OPINION

LOPEZ, Judge.

While the claimant's decedent was engaged in hauling dirt for the defendant Donathon, the truck bed of decedent's truck accidentally fell on him, resulting in his death. Claimant, decedent's widow, brought this action against Donathon and his insurer. She received judgment under the Workmen's Compensation Act for death benefits, funeral expenses and attorney's fees.

The defendants'...

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