SULLIVAN v. RAINBO BAKING COMPANY

No. 7071.

375 P.2d 326 (1962)

71 N.M. 9

Arthur A. SULLIVAN, Claimant, Plaintiff-Appellant, v. RAINBO BAKING COMPANY, EMPLOYER, and Royal Globe Insurance Group, Insurer, Defendants-Appellees.

Supreme Court of New Mexico.

October 17, 1962.


Attorney(s) appearing for the Case

Gore & Nieves, Clovis, for appellant.

Rodey, Dickason, Sloan, Akin & Robb James C. Ritchie, Joseph J. Mullins, Albuquerque, for appellees.


CARMODY, Justice.

Claimant appeals from the refusal of the trial court to award him workmen's compensation.

Claimant was employed as a janitor, laborer and night watchman, and his hours of work were from 3:00 P.M. until "about midnight." With the knowledge and consent of his employer, claimant ate his evening meal on the job, sometimes on the premises and sometimes at a nearby cafe. There was no deduction in pay for the periods when claimant temporarily left...

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