Davis v. Meadors-Cherry Company

Upon consideration of the motion for rehearing the original opinion is withdrawn and the following is substituted therefor.

LUJAN, Chief Justice.

The appellee was in the employ of the Meadors-Cherry Company of Clovis, New Mexico, and on January 4, 1951, he received ■an accidental injury in the course of his employment, which necessitated surgery to his back. On October 1, 1952, appellee filed a claim for workmen’s compensation. On the same date the answer was filed with a common law release signed by appellee along with the stipulation for judgment signed by appellee and his attorney. Final…