(DOWNLOAD) "Varela v. Mounho" by New Mexico Court of Appeals # eBook PDF Kindle ePub Free
eBook details
- Title: Varela v. Mounho
- Author : New Mexico Court of Appeals
- Release Date : January 22, 1978
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 50 KB
Description
Plaintiff, seeking workmens compensation, alleged that while employed at defendants dairy and while attempting to steady a cow being milked by another employee, "the cow bolted, jerking Plaintiff" with the result that plaintiff was injured. No claim is made that plaintiff was not a farm laborer. See Greischar v. St. Marys College, 176 Minn. 100, 222 N.W. 525 (1928); Selvey v. Robertson, 468 S.W.2d 212 (Mo. App.1971); Plemmons v. Pevely Dairy Co., 241 Mo. App. 659, 233 S.W.2d 426 (1950). No claim is made that the employer carried workmens compensation insurance. See Nix v. Times Enterprises, Inc., 83 N.M. 796, 498 P.2d 683 (Ct. App.1972). The trial court granted summary judgment against plaintiff, who appeals. The issues involve the applicability of § 59-10-4(A), N.M.S.A. 1953 (2d Repl. Vol. 9, pt. 1, Supp.1975). Plaintiff claims: (1) the statute does not apply to commercial dairies; (2) the statute was repealed by implication; and (3) the statute was enacted in violation of N.M. Const., art. IV, § 16.
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