ORTIZ v. ORTIZ & TORRES DRI-WALL COMPANY

No. 723.

493 P.2d 418 (1972)

83 N.M. 452

Jose S. ORTIZ, Plaintiff-Appellant, v. ORTIZ & TORRES DRI-WALL COMPANY, Employer, and Ohio Casualty Company, Insuror, Defendants-Appellees.

Court of Appeals of New Mexico.

January 7, 1972.


Attorney(s) appearing for the Case

Richard F. LaRoche, Smith, Ransom & Deaton, Albuquerque, for plaintiff-appellant.

Le Roi Farlow, Daniel C. Lill, Albuquerque, for defendants-appellees.


OPINION

WOOD, Chief Judge.

This workmen's compensation case presents two issues: (1) the meaning of accident and (2) notice of an accident. Defendants raised both of these issues in their motion to dismiss at the close of plaintiff's case. The trial court granted the motion, made findings of fact and conclusions of law and entered judgment in favor of defendants. Plaintiff appeals.

At oral argument it was suggested that plaintiff's appeal should...

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