Opinion

Gerrard v. Harvey & Newman Drilling Company

  • 59 N.M. 262
  • 282 P.2d 1105
Court
New Mexico Supreme Court
Filed
Apr 25, 1955
Status
Published
Author
Lujan
On the bench
Kiker, Lujan, Sadler, McGhee, Compton
Cited by
27 cases

stating, “only statements of law to be applied in the examination and determination of the issue” should be included

How later courts described this case

  • stating, “only statements of law to be applied in the examination and determination of the issue” should be included
  • “[I]t is the duty of the court at every trial to give to the jury the fundamental law applicable to the facts in the case and ... unless waived by the parties, instructions to that extent at least, must be given whether requested or not----”

Written by the judges who cited it.

The opinion

LUJAN, Justice (specially concurring).

In so far as the opinion of Mr. Justice KIKER rests a reversal and award of a new trial on error in the court’s instruction No. 5, objected to at the time by plaintiff, enumerating instances of scheduled injuries amounting to total disability, I concur. Since the plaintiff’s injury was not of that kind or type, I am unable to rid myself of a feeling that giving the instruction tended to confuse the jury and, hence, resulted in prejudice to the plaintiff. I do not feel the facts of this case warrant application of the doctrine of fundamental error. But for the reason stated, I concur in the award of a new trial.

COMPTON, C. J., concurs.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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