{
  "id": 2802179,
  "name": "Helen GAMBOA, Plaintiff-Appellant, v. LEE MACK LAUNDRY and Pacific Indemnity Company, Defendants-Appellees",
  "name_abbreviation": "Gamboa v. Lee Mack Laundry",
  "decision_date": "1964-03-23",
  "docket_number": "No. 7380",
  "first_page": "68",
  "last_page": "69",
  "citations": [
    {
      "type": "official",
      "cite": "74 N.M. 68"
    },
    {
      "type": "parallel",
      "cite": "390 P.2d 656"
    }
  ],
  "court": {
    "name_abbreviation": "N.M.",
    "id": 8835,
    "name": "Supreme Court of New Mexico"
  },
  "jurisdiction": {
    "id": 52,
    "name_long": "New Mexico",
    "name": "N.M."
  },
  "cites_to": [
    {
      "cite": "71 N.M. 335",
      "category": "reporters:state",
      "reporter": "N.M.",
      "case_ids": [
        5347234
      ],
      "weight": 2,
      "opinion_index": 0,
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    {
      "cite": "71 N.M. 37",
      "category": "reporters:state",
      "reporter": "N.M.",
      "case_ids": [
        5347829
      ],
      "weight": 2,
      "opinion_index": 0,
      "case_paths": [
        "/nm/71/0037-01"
      ]
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    "simhash": "1:5783d6ab701ea97d",
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  "last_updated": "2023-07-14T17:26:44.283414+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [
      "COMPTON, C. J., and MOISE, J., concur."
    ],
    "parties": [
      "Helen GAMBOA, Plaintiff-Appellant, v. LEE MACK LAUNDRY and Pacific Indemnity Company, Defendants-Appellees."
    ],
    "opinions": [
      {
        "text": "CARMODY, Justice.\nThis appeal is from a judgment denying recovery to a workmen\u2019s compensation claimant.\nThe trial court found that the claimant had wholly failed to prove that she suffered an accident or injury arising out of or in the course of her employment.\nClaimant strenuously asserts that the substantial evidence introduced by her required the trial court to find that the accident and injury occurred'during the course of her employment as a pants presser. The main thrust of claimant\u2019s argument is that because this court favors a liberal construetion of the Workmen\u2019s Compensation Act, that therefore the trial court erred in making the finding it did.\nThe policy of liberal construction requires no citation of authority, as statements with reference thereto are abundant in our case law. The able trial judge was, we are sure, just as cognizant of this policy as are we. However, to sustain claimant\u2019s position would, in effect, make this court the trier of the facts and ignore the findings made by the trial court, based not only upon the testimony of the witnesses but on that court\u2019s observation of the witnesses\u2019 demeanor and conduct on the witness stand. This we decline to do. While there is testimony under which the trial court might have found to the contrary, a careful review of the evidence convinces us that there was substantial evidence supporting the findings of fact made by the trial court that the accident or injury did not arise out of or in the course of the employment of the claimant. Upon controverted issues of fact, we will not substitute our judgment for that of the trial court. See Grisham v. Nelms, 1962, 71 N.M. 37, 376 P.2d 1, and Utter v. Marsh Sales Company, 1963, 71 N.M. 335, 378 P. 2d 374, which are two of our very recent cases involving rejection' of workmen\u2019s compensation claims on \"the basis of the findings of the trial court and where many of our prior cases are cited,\nThere wag nQ error Qn ^ part of the trkl court; and ^ judgment is affirmed. It is S0 ordered.\nCOMPTON, C. J., and MOISE, J., concur.",
        "type": "majority",
        "author": "CARMODY, Justice."
      }
    ],
    "attorneys": [
      "William W. Osborn, Roswell, for appellant.",
      "Frazier & Cusack, William J. Schnedar, Roswell, for appellees."
    ],
    "corrections": "",
    "head_matter": "390 P.2d 656\nHelen GAMBOA, Plaintiff-Appellant, v. LEE MACK LAUNDRY and Pacific Indemnity Company, Defendants-Appellees.\nNo. 7380.\nSupreme Court of New Mexico.\nMarch 23, 1964.\nWilliam W. Osborn, Roswell, for appellant.\nFrazier & Cusack, William J. Schnedar, Roswell, for appellees."
  },
  "file_name": "0068-01",
  "first_page_order": 120,
  "last_page_order": 121
}