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WEBB v. HAMILTON

No. 8132.

436 P.2d 507 (1968)

78 N.M. 647

Dave W. WEBB, Plaintiff-Appellee, v. W. A. HAMILTON, Jr., d/b/a W. A. Hamilton, Jr., Construction Company, Employer, and Peerless Insurance Company, Insurer, Defendants-Appellants.

Supreme Court of New Mexico.

January 22, 1968.

Attorney(s) appearing for the Case

Rodey, Dickason, Sloan, Akin & Robb, James C. Ritchie, Robert M. St. John, Albuquerque, for defendants-appellants.

Toulouse, Ruud, Gallagher & Walters, Albuquerque, for plaintiff-appellee.

OPINION

MOISE, Justice.

Plaintiff-appellee, while employed by appellant-employer received an injury to his right eye which arose out of and in the course of such employment. Previously, he had lost the sight in his left eye. In addition to finding these facts, the court also found as follows:

"3. That the injury to plaintiff's right eye resulted from a piece of metal becoming lodged in the right eye, and on that date, namely February 10, 1964, plaintiff...

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