Legal Opinion
Rael v. Cadena
New Mexico Court of Appeals
Decided October 23, 1979No. 3921PublishedCited by 20 opinions
1Opinion of the Court
OPINION
LOPEZ, Judge.
Defendant Emilio Cadena, a non-active participant in the battery of plaintiff Eddie Rael, appeals the judgment of the trial court finding him, along with the active participant, jointly and severally liable for the battery. We affirm.
The issue on appeal is whether a person present at a battery who verbally encourages the assailant, but does not physically assist him, is civilly liable for the battery.
On a visit in Emilio Cadena’s home, Eddie Rael was severely beaten on the head and torso by Emilio’s nephew, Manuel Cadena. As a result of the beating, he suffered a fractured…
2Cases cited6 opinions
- Getz v. Equitable Life Assur. Soc. of USNew Mexico Supreme Court · 1977
- Duke v. FeldmanCourt of Appeals of Maryland · 1967
- Brink v. PurnellMichigan Supreme Court · 1910
- Ayer v. RobinsonCalifornia Court of Appeal · 1958
- Hargis v. HorrineSupreme Court of Arkansas · 1959
1 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Halberstam v. WelchCourt of Appeals for the D.C. Circuit · 1983
- Halberstam v. WelchCourt of Appeals for the D.C. Circuit · 1983
- Juhl v. AiringtonTexas Supreme Court · 1997
- Alleco Inc. v. Harry & Jeanette Weinberg Foundation, Inc.Court of Appeals of Maryland · 1995
- Alberts v. DevineMassachusetts Supreme Judicial Court · 1985
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