CARTER v. BURN CONSTRUCTION COMPANY, INC.

No. 894.

508 P.2d 1324 (1973)

85 N.M. 27

Susan Kathlyn CARTER, Plaintiff-Appellant, v. BURN CONSTRUCTION COMPANY, INC., and Employers Commercial Union Insurance Group, Defendants-Appellees.

Court of Appeals of New Mexico.

Rehearing Denied February 20, 1973.

Certiorari Denied March 28, 1973.


Attorney(s) appearing for the Case

Glenn B. Neumeyer, Sosa & Neumeyer, Las Cruces, for plaintiff-appellant.

Edward E. Triviz, Las Cruces, for defendants-appellees.


OPINION

HERNANDEZ, Judge.

Plaintiff as widow of Robert Carter, deceased, and in behalf of their minor child filed a claim for workmen's compensation benefits. The trial court granted defendant's motion for summary judgment and plaintiff appeals.

The ultimate issue is whether the trial court erred in deciding that the accident, which resulted in Robert Carter's death, did not arise out of and in the course of his employment, as a matter of law. Section...

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