BOLTON v. MURDOCK

No. 6140.

307 P.2d 794 (1957)

62 N.M. 211

Dock BOLTON, Plaintiff-Appellant, v. Rex MURDOCK, Employer, and Great American Indemnity Company, Insurer, Defendant-Appellees.

Supreme Court of New Mexico.

Rehearing Denied March 13, 1957.


Attorney(s) appearing for the Case

Harvey C. Markley, Lovington, Kent Wagonseller, Lubbock, Tex., for appellant.

L. George Schubert, Hobbs, for appellees.


KIKER, Justice.

Claimant brought this action to recover workmen's compensation on account of a claimed injury which he alleged was sustained by him in the course of his employment by defendant while using a sixteen pound maul in digging a drain ditch from a cesspool.

Defendant stated two grounds for defense: first, that claimant served no written notice upon him at any time of the injury which he allegedly sustained; second, that defendant had no actual knowledge...

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