Thomas v. Gardner

Upon consideration of the motion for rehearing, the original opinion heretofore filed is withdrawn and the following substituted therefor.

OPINION

CHAVEZ, Justice.

Plaintiff-appellant appeals from a summary judgment granted in favor of defendants-appellees.

Appellant sought compensation under the Workmen’s Compensation Act for an injury sustained in an accident on April 10, 1963. Appellees propounded written interrogatories to appellant which were duly answered. Depositions were taken of several of appellant’s co-employees, as well as of one of appellees and of appellant. Upon motion of appellees…