AMERICAN INSURANCE COMPANY v. FOUTZ AND BURSUM

No. 5902.

291 P.2d 1081 (1955)

60 N.M. 351

AMERICAN INSURANCE COMPANY, a Corporation, and Pennsylvania Fire Insurance Co., a Corporation, Plaintiffs-Appellants, v. FOUTZ AND BURSUM, a Co-Partnership and J. L. Foutz and Holm Bursum, individual members thereof, Defendants, Third-Party Plaintiffs and Appellees, Southern Union Gas Company, a Corporation, Third-Party Defendants.

Supreme Court of New Mexico.

Dissenting Opinion January 6, 1956.


Attorney(s) appearing for the Case

Quincy D. Adams, James H. Foley, Albuquerque, for appellants.

Johnston Jeffries, Aztec, H. A. Daugherty, Farmington, for appellees.


SADLER, Justice.

The appellants (plaintiffs below) having paid their insured for damages suffered in a gas explosion, as subrogees under the terms of the policies issued, sued the appellees (defendants) through whose negligence the explosion was charged to have occurred for reimbursement to plaintiffs of the amounts so paid them by reason of the damages suffered in said explosion. The cause was tried to a jury and resulted in a verdict in favor of the defendants upon...

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