[Download] "Brown V. Arapahoe Drilling Co." by New Mexico Supreme Court " Book PDF Kindle ePub Free

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eBook details

• Title: Brown V. Arapahoe Drilling Co.
• Author : New Mexico Supreme Court
• Release Date : January 09, 1962
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 60 KB

Description

The findings of fact by the trial court are not attacked and, therefore, are binding on us. See, Dowaliby v. Fleming, 1961, 69 N.M. 60, 364 P.2d 126, and cases cited therein. Therefore, summarizing the material facts as to this issue: The deceased Brown was a driller in charge of the crew which worked on a drilling rig from four o'clock, P.M., until midnight. Brown had authority to hire and fire the members of the crew and was paid fifty-five cents per hour more than the other members. The well site was some fifty to sixty miles from the homes of the workers, and the employer did not furnish transportation, as a result of which the deceased and three other members of his crew had a car-pooling arrangement by which each drove his own car every fourth day. On the day in question, the car was owned and driven by one of the other members of the crew. The employees furnished their own gasoline, except that at times they helped themselves to gasoline from a company tank at the well site, without either permission or objection by the company. The tool pusher, or general foreman, was named McAfee, who was Brown's immediate supervisor, and it was McAfee's responsibility to deliver the drilling report, or daily log, to the company offices at Farmington, New Mexico. Sometime before midnight on the day in question, McAfee wanted to leave the well location and asked Brown to bring the drilling report with him when he finished his shift. McAfee was to pick up the report the following morning at Brown's house, sign it, and deliver it to the company offices. Brown had never performed this service before, but on this occasion it was important that the report be delivered to the office, inasmuch as it was at the end of the payroll period. When the men left the well site sometime after midnight, Brown put the report in the glove compartment of the car. On the way home, on the public highway, a single-car accident occurred, and Brown was killed.

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