Seal v. Blackburn Tank Truck Service

SHILLINGLAW, Justice.

This is an appeal arising from a workmen’s compensation case tried in the District Court in Lea County, New Mexico. The claimant, appellee, was a man of 45 years of age who had engaged in oil field work throughout his adult life. On or about March 7, 1957, while in the employ of defendant-appellant Blackburn Tank Truck Service in the capacity of truck driver, the claimant was emerging from the cab of his vehicle when his foot slipped causing him to fall and in so doing to strike his back across the running board just below the shoulder blades.

The complaint alleged total…