Lucero v. White Auto Stores, Inc.

McGHEE, Justice.

This is an action by the widow and surviving children of Joe Lucero under the Workmen’s Compensation Act 1953 Comp. § 59-10-1 et seq., for benefits because of his death on May 15, 1953, as a result of fatal burns received in a butane gas explosion on May 11, 1953. Suit was not filed until August 31, 1954, and two of the defenses are here urged by the defendants, appellants, as grounds for reversal of a judgment in favor of the' claimants following trial to a jury: first, delay in filing the claim, and second, that the injury did not arise out of and-in the course of decedent’s…