Montoya v. Kennecott Copper Corporation

SADLER, Justice.

The plaintiff below, the appellant in this Court, suing as next friend for Maria Olivia Portillo, the minor child and dependent of Jose Salvador Portillo, her father, sought recovery of the extra compensation of 50 per cent, provided by 1953 Comp. § 59-10-7, for the alleged violation of its terms in the failure to provide a safety device required by law. Such failure it is said was responsible for an explosion resulting in the death of the minor’s father while in the course of his employment by the defendant employer. The trial court having sustained a motion to dismiss the…