Legal Opinion
Berry v. J. C. Penney Co.
New Mexico Supreme Court
Decided June 22, 1964No. 7403PublishedCited by 25 opinions
1Opinion of the Court
NOBLE, Justice.
Claimant has appealed from a judgment dismissing her claim for workmen’s compensation because of a failure to establish a compensable injury.
Mrs. Berry, who was employed as a saleslady by J.' C. Penney Company, picked up some boxes weighing a total of 18 or 20 pounds, from a table in the basement of the Penney store. As she turned to take the merchandise upstairs, she felt a “kink” in the lower back. Medical evidence disclosed a muscle spasm in the lower- back. X-rays disclosed a congenital curve in the lower spine but there was no objective showing of any injury. In the…
2Cases cited8 opinions
- Reynolds v. Ruidoso Racing Association, Inc.New Mexico Supreme Court · 1961
- Wilson v. Rowan Drilling Co.New Mexico Supreme Court · 1950
- Merrill v. Penasco Lumber Co.New Mexico Supreme Court · 1922
- McKinney v. DorlacNew Mexico Supreme Court · 1944
- Whitehurst v. Rainbo Baking CompanyNew Mexico Supreme Court · 1962
3 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Williams v. City of GallupNew Mexico Supreme Court · 1966
- Schober v. Mountain Bell TelephoneNew Mexico Court of Appeals · 1981
- Gutierrez v. Artesia Public SchoolsNew Mexico Court of Appeals · 1978
- Ortiz v. Ortiz & Torres Dri-Wall CompanyNew Mexico Court of Appeals · 1972
- Greer v. SalmonNew Mexico Supreme Court · 1970
20 more not listed; retrieve them via the Exa API.