Legal Opinion

Martin v. White Pine Lumber Co.

New Mexico Supreme Court

Decided January 6, 1930No. 3442PublishedCited by 26 opinions

1Opinion of the Court

OPINION OF THE COURT

WATSON, J.

This appeal is from a judgment disallowing appellant’s claim under the Workmen’s Compensation Act (Laws 1917, c. 83, as amended) for the death of her husband following an operation for a strangulated hernia.

Compensation was denied on the ground of a failure to meet the special requirements of proof in hernia cases, as prescribed in section 17 of the act, which provision reads as follows:

“A workman, in order to be entitled to • compensation for a hernia, must clearly prove: (1) That the hernia is of recent origin, (2) that its appearance was accompanied by pain,…

2Cases cited2 opinions

  1. Gonzales v. Chino Copper Co.New Mexico Supreme Court · 1924
  2. McPhee & McGinnity Co. v. Industrial CommissionSupreme Court of Colorado · 1919

3Cited by26 opinions

  1. Sanchez v. Bernalillo CountyNew Mexico Supreme Court · 1953
  2. Michael v. BaumanNew Mexico Supreme Court · 1966
  3. Montell v. OrndorffNew Mexico Supreme Court · 1960
  4. Teal v. Potash Company of AmericaNew Mexico Supreme Court · 1956
  5. Taylor v. Am. Employers' Ins. Co. of Boston, Mass.New Mexico Supreme Court · 1931

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