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UTTER v. MARSH SALES COMPANY

No. 7166.

378 P.2d 374 (1963)

71 N.M. 335

William Joe UTTER, Plaintiff-Appellant, v. MARSH SALES COMPANY, Inc., a corporation, Employer; and Mountain States Mutual Casualty Company, a corporation, Insurer, Defendants-Appellees.

Supreme Court of New Mexico.

January 28, 1963.

Attorney(s) appearing for the Case

Ben F. Roybal, Joe Angel, Albuquerque, for appellant.

Modrall, Seymour, Sperling, Roehl & Harris, Frank H. Allen, Jr., Albuquerque for appellees.

COMPTON, Chief Justice.

The claimant appeals from a judgment denying workmen's compensation benefits for the loss by amputation of certain toes and fingers as the result of frostbite.

The cause was heard on the merits. The trial court found that the injury complained of did not arise out of or in the course of the employment and was not reasonably incident thereto; that claimant by reason of his employment was not...

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