CLARY v. DENMAN DRILLING CO.

No. 5814.

276 P.2d 499 (1954)

58 N.M. 723

B.R. CLARY, Claimant-Appellant, v. DENMAN DRILLING CO., Employer, Employers Mutual of wausau, insurer, defendants-appellees.

Supreme Court of New Mexico.

November 9, 1954.


Attorney(s) appearing for the Case

Joseph L. Smith, Lorenzo A. Chavez, Arturo G. Ortega, Albuquerque, for appellant.

Rodey, Dickason, Sloan, Mims & Akin and John D. Robb, Albuquerque, for appellees.


McGHEE, Chief Justice.

The question for determination is whether a workman injured while working on a drilling rig may collect a fifty percent penalty under our Workmen's Compensation Act from an employer who has failed to provide a safety device for the rig, thus causing an injury.

It is not disputed the claim stated a cause of action under § 57-907, 1941 Compilation, absent the amendment of such statute by Ch. 96, Laws of 1953. Prior to the amendment...

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