Legal Opinion
Montano v. Saavedra
New Mexico Supreme Court
Decided July 11, 1962No. 7062PublishedCited by 65 opinions
1Opinion of the Court
NOBLE, Justice.
This appeal is from a non-suit granted pursuant to Rule 41 (b) at the close of plaintiff’s evidence in a workmen’s compensation case tried to the court without a jury. The complaint was filed October 9, 1959, claiming compensation for an accident occurring July 12, 1959. The Rules of Civil Procedure are applicable. § 59-10-13.9, N.M.S.A.1953.
When acting under Rule 41(b), the trial court may determine the facts and in so doing is not bound to give plaintiff’s testimony the most favorable aspect, together with all reasonable inferences therefrom, and to disregard all unfavorable…
2Cases cited16 opinions
- State v. MooreNew Mexico Supreme Court · 1938
- Mitchell v. AllisonNew Mexico Supreme Court · 1949
- Totah Drilling Company v. AbrahamNew Mexico Supreme Court · 1958
- Luna v. FloresNew Mexico Supreme Court · 1958
- Greene v. EsquibelNew Mexico Supreme Court · 1954
11 more not listed; retrieve them via the Exa API.
3Cited by65 opinions
- Tapia v. Panhandle Steel Erectors CompanyNew Mexico Supreme Court · 1967
- Tallman v. ABF (Arkansas Best Freight)New Mexico Court of Appeals · 1988
- Frederick v. Younger Van LinesNew Mexico Supreme Court · 1964
- Sanchez v. Homestake Mining Co.New Mexico Court of Appeals · 1985
- Barnett v. Cal M, Inc.New Mexico Supreme Court · 1968
60 more not listed; retrieve them via the Exa API.