GONZALES v. ALLISON & HANEY, INC.

No. 7076.

379 P.2d 772 (1963)

71 N.M. 478

Salomon GONZALES, Claimant, Plaintiff-Appellee, v. ALLISON & HANEY, INC., Employer, and Mountain States Mutual Casualty Company, Insurer, Defendants-Appellants.

Supreme Court of New Mexico.

March 12, 1963.


Attorney(s) appearing for the Case

Montoya & Shwartz, Albuquerque, for appellants.

Traub, Parham & Zuris, Albuquerque, for appellee.


NOBLE, Justice.

Defendants have appealed from a judgment entered pursuant to a jury verdict awarding claimant total temporary disability of 26 weeks and partial permanent disability of 45% on account of an injury occurring on October 10, 1958.

Complaint is made for the first time on appeal that by its instructions 7, 8, 9 and 10, the court charged the jury upon an issue not presented by the pleadings. We have repeatedly said that the specific vice in the challenged...

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