EMPLOYERS'FIRE INSURANCE COMPANY v. Welch

OPINION

CARMODY, Justice.

Following the granting of a summary judgment in favor of defendants, plaintiff has appealed.

In an earlier case, a suit was brought by .a father for himself and as next friend for his son, alleging the negligence of the Hobbs Municipal School District No. 16 and the two defendants in this case, Welch and Fredrickson, employees of the school district. Immediately preceding trial of the original case, the defendants Welch and Fredrickson were dismissed without prejudice, subject to an agreement to the effect that the dismissal would in no way affect or prejudice the…