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SHIPMAN v. MACCO CORPORATION

No. 7389.

392 P.2d 9 (1964)

74 N.M. 174

Jack SHIPMAN and St. Paul Fire and Marine Insurance Company, Plaintiffs-Appellants, v. The MACCO CORPORATION, Raymong International, Inc., the Kaiser Company, and Puget Sound Bridge Company, Defendants-Appellees.

Supreme Court of New Mexico.

May 4, 1964.

Attorney(s) appearing for the Case

William L. Shaner, Bean & Snead, Roswell, for appellants.

Atwood & Malone, Russell D. Mann, Bob F. Turner, Roswell, for appellees.

MOISE, Justice.

This is an action for damages alleged to have been suffered by plaintiff-appellant because of the negligence of the defendants-appellees.

Defendants allege that plaintiff was their employee and that accordingly he is entitled to workmen's compensation and may not sue in tort. §§ 59-10-5, 59-10-6, N.M.S.A. 1953; Royal Indemnity Company v. Southern California Petroleum Corporation, 67 N.M. 137,

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