Merrill v. Penasco Lumber Co.
New Mexico Supreme Court
Appeal from District Court, Otero County; Ed Mechem, Judge. Proceeding by Ida B. Merrill against the Peñasco Lumber Company, employer, and the Western Indemnity Company, insurer, for compensation under the Workman’s Compensation Act for the death of plaintiff’s husband, J. M. Merrill. Judgment for plaintiff, and defendants appeal.
1Opinion of the Court
OPINION OF THE COURT
DAVIS, J.
In March, 1920, J. M. Merrill was an employee of the Peñasco Lumber Company, working in the woods in the Sacramento mountains as a teamster. On the 3d of that month he was driving a team skidding logs. It was a very windy day, one of the witnesses describing the wind as a “fierce gale.” Many trees blew down, not an uncommon occurrence in those woods. One of these trees in falling struck Merrill and killed him. No one was working on the tree, and his employer in no way caused its fall. Merrill was a married man with three children. This proceeding was commenced by…
2Cases cited3 opinions
- State ex rel. Peoples Coal & Ice Co. v. District CourtSupreme Court of Minnesota · 1915
- Parson v. MurphyNebraska Supreme Court · 1917
- In re CarrollIndiana Court of Appeals · 1917
3Cited by46 opinions
- Gonzales v. Chino Copper Co.New Mexico Supreme Court · 1924
- Tocci v. Albuquerque & Cerrillos Coal Co.New Mexico Supreme Court · 1941
- Cuellar v. American Employers' Ins. Co. of Boston, Mass.New Mexico Supreme Court · 1932
- Berry v. J. C. Penney Co.New Mexico Supreme Court · 1964
- Ensley Ex Rel. Ensley v. GraceNew Mexico Supreme Court · 1966
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