Blancett v. Homestake-Sapin Partners

COMPTON, Chief Justice.

This action was' instituted by the appellant, plaintiff below, to recover workmen’s compensation for a knee injury which he alleged was suffered by accident arising out of and in the course of his employment with appellee, defendant below, resulting in permanent partial disability and anticipated medical expenses in excess of $700.00.

At the close of the plaintiff’s case the trial court, acting pursuant to Rule 41(b) of the Rules of Civil Procedure (§ 21-1-1 (41), N.M.S.A., 1953 Comp.), sustained the defendant’s motion to dismiss the complaint, and made the following…