# Gerrard v. Harvey & Newman Drilling Company

> New Mexico Supreme Court · April 25, 1955 · 59 N.M. 262

URL: https://www.frixlaw.com/law-library/cases/9576328

## Case

- **Full name:** V. L. GERRARD, Plaintiff and Appellant, v. HARVEY & NEWMAN DRILLING COMPANY, Employer and Employers Casualty Company, Insurer, Defendants and Appellees
- **Court:** New Mexico Supreme Court
- **Decided:** April 25, 1955
- **Citations:** 59 N.M. 262; 282 P.2d 1105
- **Precedential status:** Published
- **Opinion:** Concurrence by Lujan
- **Judges:** Kiker, Lujan, Sadler, McGhee, Compton
- **Cited by:** 27 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9576328

## How later opinions describe it (automated extraction)

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

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9576328. Public record. Not legal advice.