Smith v. Atchison, Topeka & Santa Fe Railway Co.
New Mexico Supreme Court
Appeal from District Court, Roosevelt County; John T. McClure, Presiding Judge. Common Law Rule. 13 N. M., p. 131; Elliot on Railroads, Yol. 3, Sec. 1203; 45 Mo., p. 22; 115 S. W. Rep. 1039; Elliot on Railroads, Yol. 3, Sec. 1204. Common Law. 13 N. M. 131; 49 Fed. 798; 16 A. & E. L. 472. General Yerdict of Jury. 11 N. M-. 162; 103 Pac. 980.
1Opinion of the Court
OPINION.
MEDLER, D. J.
The record in this case discloses that the cause of action of plaintiff grows out of the killing of a Jersey milch cow by a passenger train of the defendant Railway Company, at or near the station of La Lande, on the 30th of October, 1911. Suit was originally brought before a justice of the peace, and after a trial by jury, a verdict of $60 damages was awarded plaintiff, Smith. The .Railway Company appealed to the District Court, and the cause coming on for trial there the plaintiff amended his complaint by setting up an additional cause of action for the value of the…
2Cited by3 opinions
- Chandler v. BattenfieldNew Mexico Supreme Court · 1951
- Bass v. DehnerCourt of Appeals for the Tenth Circuit · 1939
- Bryant v. HB Lynn Drilling CorporationNew Mexico Supreme Court · 1959