Carter v. Burn Construction Company, Inc.
New Mexico Court of Appeals
1Opinion of the Court
OPINION
HERNANDEZ, Judge.
Plaintiff as widow of Robert Carter, deceased, and in behalf of their minor child filed a claim for workmen’s compensation benefits. The trial court granted defendant’s motion for summary judgment and plaintiff appeals.
The ultimate issue is whether the trial court erred in deciding that the accident, which resulted in Robert Carter’s death, did not arise out of and in the course of his employment, as a matter of law. Section 59-10-2, N.M.S.A.1953 (Repl.Vol. 9, pt. 1).
The essential facts are undisputed. The deceased was employed by the defendant, Burn Construction…
Also in this document: Concurrence.
2Cases cited17 opinions
- Hickman v. TaylorSupreme Court of the United States · 1947
- Alltmont v. United StatesCourt of Appeals for the Third Circuit · 1950
- Rekart v. Safeway Stores, Inc.New Mexico Court of Appeals · 1970
- Whitehurst v. Rainbo Baking CompanyNew Mexico Supreme Court · 1962
- J. A. Silversmith, Inc. v. MarchiondoNew Mexico Supreme Court · 1965
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3Cited by30 opinions
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- Ovecka v. Burlington Northern Santa Fe Railway Co.New Mexico Court of Appeals · 2008
- Pincheira v. Allstate InsuranceNew Mexico Supreme Court · 2008
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