MONTANO v. SAAVEDRA

No. 7062.

373 P.2d 824 (1962)

70 N.M. 332

Rumaldo S. MONTANO, Claimant, Plaintiff-Appellant, v. Ike C. SAAVEDRA and Andres A. Montoya, Individually, and d/b/a Montoya-Saavedra Company, Employer; and Westchester Insurance Company, insurer, Defendants-Appellees.

Supreme Court of New Mexico.

July 11, 1962.


Attorney(s) appearing for the Case

Ramon Lopez, Charles Driscoll, Albuquerque, for appellant.

Keleher & McLeod, Russell Moore, Albuquerque, for appellees.


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...

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