Otero v. Burgess

OPINION

HENDLEY, Judge.

Plaintiff appeals an adverse judgment in an action tried without a jury to recover damages for wrongful death. Plaintiff’s action was against Burgess, the mine superintendent; Bradshaw, the safety director ; Holton, the shift boss; Vigil, the mine foreman; Trent, the head electrician; and Graves, decedent’s immediate foreman. Plaintiff seeks reversal on four grounds: (1) liability without fault for those who store dynamite; (2) absolute liability under the theory of “nuisance in fact” because of the location of the dynamite storage box; (3) lack of substantial evidence…