(Download) "Minor v. Homestake-Sapin Partners Mine" by New Mexico Supreme Court # Book PDF Kindle ePub Free
eBook details
- Title: Minor v. Homestake-Sapin Partners Mine
- Author : New Mexico Supreme Court
- Release Date : January 15, 1961
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
The claim of error attempts to show that the evidence required a finding for the claimant for at least some disability, the accidental injury being admitted. In so doing, the brief-in-chief sets forth portions of the testimony of two doctors, which would support a compensation award but otherwise utterly fails to point out the substance of all of the evidence bearing upon the proposition. For all practical purposes, there is no discussion at all by claimant of the evidence which sustains the verdict. Thus, claimant must fail, because he has not complied with Rule 15(6) (21-2-1 (15) (6), N.M.S.A.1953). Davis v. Campbell, 1948, 52 N.M. 272, 197 P.2d 430. Claimant cannot succeed for the additional, but allied, reason that the granting or denying of a motion for new trial is within the sound discretion of the trial court. Archibeque v. Miera, 1857, 1 N.M. 160; James v. Hood, 1914, 19 N.M. 234, 142 P. 162; Cienfuegos v. Pacheco, 1952, 56 N.M. 667, 248 P.2d 664; Bondanza v. Matteucci, 1955, 59 N.M. 354, 284 P.2d 1024; Mathis v. Atchison, Topeka & Santa Fe Railway Co., 1956, 61 N.M. 330, 300 P.2d 482; and Addison v. Tessier, 1957, 62 N.M. 120, 305 P.2d 1067.