MOODY v. HASTINGS

No. 7192.

381 P.2d 207 (1963)

72 N.M. 132

Robert Lowell MOODY, Plaintiff-Appellant, v. Joseph C. HASTINGS, Employer, and Great American Insurance Company, Insurer, Defendants-Appellees.

Supreme Court of New Mexico.

April 29, 1963.


Attorney(s) appearing for the Case

Harry E. Stowers, Jr., Thomas E. Jones, Albuquerque, for appellant.

Keleher & McLeod, Russell Moore and Michael L. Keleher, Albuquerque, for appellees.


NOBLE, Justice.

This appeal is concerned with whether a claim for workmen's compensation installment payments, filed less than 31 days after the injury, is premature and requires dismissal.

Claimant sustained an injury on May 6, 1959, and filed his claim for compensation benefits May 22, 1959. A motion urging lack of jurisdiction because of the premature filing of the claim was denied and a jury empanelled to try the cause. After presentation of claimant's...

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