Natseway v. Jojola

251 P.2d 274 (1952)

56 N.M. 793

NATSEWAY et al.

v.

JOJOLA et ux.

No. 5542.

Supreme Court of New Mexico.

December 10, 1952.

Dissenting Opinion December 26, 1952.

Rehearing Denied December 31, 1952.

W.T. O'Sullivan, Albuquerque, for appellants.

Rodey, Dickason, Sloan, Mims & Akin, Albuquerque, for appellees.

SADLER, Justice.

The question for decision is whether the cause of action mentioned in 1941 Comp. Sec. 24-102, of our death by wrongful act statute as being barred within one year from date of its accrual arises upon infliction of the injury later resulting in death or comes into being at death.

The…