Brobst v. El Paso & Southwestern Co.
New Mexico Supreme Court
Appeal from District Court, Quay County; Thomas D_ Leib, Presiding Judge. 89 Alá. 99; 57 Law Ed. 815; 176 Fed. 71; 6 Va. 899; 50 N. J. L. 485; 14 N. M. 147; 91 Am. Dee. 760; $ Cye. 1048, 1047; 55 Pac. 988; 2 L. R. A. 624; 95, Mo. 322; 63 N. W. 856; 39 Fed. Rep. 834. STATEMENT OP PACTS.
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Appeal from District Court, Quay County; Thomas D_ Leib, Presiding Judge. 89 Alá. 99; 57 Law Ed. 815; 176 Fed. 71; 6 Va. 899; 50 N. J. L. 485; 14 N. M. 147; 91 Am. Dee. 760; $ Cye. 1048, 1047; 55 Pac. 988; 2 L. R. A. 624; 95, Mo. 322; 63 N. W. 856; 39 Fed. Rep. 834. STATEMENT OP PACTS. The appellee, John L. Brobst, brought his suit against the Southwestern Company to recover damages on account of injuries received by appellee by reason of an alleged assault made upon him by one Mark Johnson, the agent of said appellant. Evidence was introduced to the effect that the appellant company was a…
1Opinion of the Court
OPINION.
EAYNOLDS, D. J.
1 Under former decisions of this court only assignments of error which are argued by counsel in their brief will be considered and passed upon by this court; when not so argued, such assignments are deemed to have been waived. Riverside Sand and Cement Company vs. Hardwick, 16 N. M. 479 at 482.
The only error assigned and argued in the brief is as follows:
2 “3. The court erred in refusing to give the jury the eighth instruction requested by appellant to-wit, "The fact that Mark Johnson was an officer and special agent of the defendant would not require him to submit to…
2Cases cited3 opinions
- Stringer v. DavisCalifornia Supreme Court · 1866
- People v. WilliamsCalifornia Supreme Court · 1867
- Gallagher v. StateSupreme Court of Minnesota · 1859
3Cited by3 opinions
- State v. KraulNew Mexico Court of Appeals · 1977
- Faubion v. TuckerNew Mexico Supreme Court · 1954
- Grim v. ProctorNew Mexico Supreme Court · 1944