Roseberry v. Phillips Petroleum Company

NOBLE, Justice.

Two questions are presented by this appeal: first, is the New Mexico Workmen’s Compensation Act a bar to an action against the employer by a third party for her damage caused by the employer’s negligent injury of an employee, covered by the Act and receiving compensation? And, second, does the Workmen’s Compensation law bar an action by a third party against a fellow-employee of an injured workman for damage caused such third party by the negligent injury of such workman?

The action is by appellant, as wife of Dwayne Roseberry, alleging the injury of her husband on September 22,…