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GRAHAM v. WHEELER

No. 8014.

423 P.2d 980 (1967)

77 N.M. 455

Frank L. GRAHAM, Plaintiff-Appellant and Cross-Appellee, v. Clarence WHEELER, d/b/a Wheeler Ranch, Employer and Insurer, Defendant-Appellee and Cross-Appellant.

Supreme Court of New Mexico.

February 20, 1967.

Attorney(s) appearing for the Case

Osborn & Laughlin, Roswell, for appellant.

Keleher & McLeod, Michael L. Keleher, Albuquerque, for appellee.

OPINION

COMPTON, Justice.

The claimant appeals from a judgment denying his claim for workmen's compensation benefits. On September 14, 1964, the claimant sustained an accidental injury arising out of and in the course of his employment while operating a self-propelled agricultural machine known as an "ensilage cutter." The cutters and rollers of the machine became clogged with weeds causing the machine to stop cutting. As appellant attempted to kick the...

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