304 P.2d 566 (N.M. 1956), 6126, Beal by Boatwright v. Southern Union Gas Co.

Docket Nº:6126.
Citation:304 P.2d 566, 62 N.M. 38, 1956 -NMSC- 113
Opinion Judge:[9] Mcghee
Party Name:Dan BEAL, by his Guardian and Next Friend, Rockne BOATWRIGHT, Plaintiff, v. SOUTHERN UNION GAS COMPANY, a Corporation, et al., Defendant-Appellant, Clyde Coe, d/b/a C & C Contractors, et al., Third Party Defendant-Appellee. Donald P. RIX, Plaintiff, v. SOUTHERN UNION GAS COMPANY, a Corporation, et al., Defendant-Appellant, Clyde Coe, d/b/a C & C Co
Attorney:[6] Keleher & McLeod, Martin A. Threet, Albuquerque, for Southern Union Gas Co. [7] Hannett, Hannett & Cornish, Albuquerque, for Clyde Coe, d/b/a C & C Contractors.
Judge Panel:COMPTON, C. J., and LUJAN and SADLER, JJ., concur.
Case Date:November 28, 1956
Court:Supreme Court of New Mexico
 
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Page 566

304 P.2d 566 (N.M. 1956)

62 N.M. 38, 1956 -NMSC- 113

Dan BEAL, by his Guardian and Next Friend, Rockne

BOATWRIGHT, Plaintiff,

v.

SOUTHERN UNION GAS COMPANY, a Corporation, et al.,

Defendant-Appellant,

Clyde Coe, d/b/a C & C Contractors, et al., Third Party

Defendant-Appellee.

Donald P. RIX, Plaintiff,

v.

SOUTHERN UNION GAS COMPANY, a Corporation, et al.,

Defendant-Appellant,

Clyde Coe, d/b/a C & C Contractors, et al., Third Party

Defendant-Appellee.

No. 6126.

Supreme Court of New Mexico.

November 28, 1956

[62 N.M. 39] Keleher & McLeod, Martin A. Threet, Albuquerque, for Southern Union gas co.

Hannett, Hannett & Cornish, Albuquerque, for Clyde Coe, d/b/a C & C Contractors.

McGHEE, Justice.

The Southern Union Gas Company, defendant, appeals from an order of the lower court dismissing its third party complaint against Clyde Coe who was the employer of the plaintiffs, Dan Beal and Donald P. Rix, when they were injured in the course of their employment by a gas explosion while they were engaged in the work of installing sewer lines in the City of Albuquerque. These employees have filed separate suits in tort against the Southern Union Gas Company alleging the negligent maintenance of the company's gas lines permitted dangerous quantities of gas to escape and accumulate where the plaintiffs were working, which became ignited, exploded and proximately caused

Page 567

their injuries. The gas company asserts its freedom from negligence but contends the employer, Clyde Coe, was also negligent and if a judgment should be rendered against the gas company at the suit of these plaintiffs, it should be allowed indemnity or contribution from the employer. The permissibility of the gas company's third party complaint against the employer, Clyde Coe, is common to both actions which were consolidated for trial and appeal.

Our Workmen's Compensation Act, Sec. 59-10-5, N.M.S.A.1953, provides, in part:

'Any employer who has elected to and has complied with the provisions of this act, including the provisions relating to insurance, shall not be subject to any other liability whatsoever for the death of or personal injury to any employee, except as in this act provided; and all causes of action, actions at law, suits in equity, and proceedings whatever, and all statutory and common-law rights and remedies for and on account of such death of, or personal injury to any such employee and accruing to any...

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