Morstad v. Atchison, T. & S. F. Ry Co.
New Mexico Supreme Court
Appeal from District Court, Grant County; Neblett, Judge. Action by Andrew Morstad against the Atchison, Topeka & Santa Fe Eailway Company. Judgment for plaintiff, motion for new trial denied, and defendant appeals. As to care required of master in selection of servants. see: Holland v. Tenn. Coal, etc. Co. 12 L. E. A. 232; Jackson v. Shillinger Bros.
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Appeal from District Court, Grant County; Neblett, Judge. Action by Andrew Morstad against the Atchison, Topeka & Santa Fe Eailway Company. Judgment for plaintiff, motion for new trial denied, and defendant appeals. As to care required of master in selection of servants. see: Holland v. Tenn. Coal, etc. Co. 12 L. E. A. 232; Jackson v. Shillinger Bros. Co. 148 N. W. 735; 3 Labatt’s M. & S. Sec. 1088. No action can be supported for damages arising from mere accident. 1 Thompson Comm. L. of Neg. Sec. 14; Eainbow, etc. Co. v. Martin, 74 N. E. 902; 29 Cyc. 440; 3 Labatt’s M. & S. Chap. 50.…
1Opinion of the Court
OPINION OP THE COURT.
PAEKEE, J.
The original opinion in this ease "is unsatisfactory to both sides, and it does not meet with the entire approval of the court. It will therefore be withdrawn, and the ease will be discussed anew.
This is an action for damages for personal injuries suffered by the plaintiff while in the employ of the defendant railroad corporation. The plaintiff and a fellow servant, Knight, were engaged in unloading bridge timbers from a car. They were working upon a trestle extending from the car to the place on the ground where the timbers were being piled. They were using…
2Cases cited15 opinions
- Upton v. TribilcockSupreme Court of the United States · 1875
- Chicago, St. P., M. & O. Ry. Co. v. BelliwithCourt of Appeals for the Eighth Circuit · 1897
- McNinch v. Northwest Thresher Co.Supreme Court of Oklahoma · 1909
- Baltimore Elevator Co. v. NealCourt of Appeals of Maryland · 1886
- Hawkins v. HawkinsCalifornia Supreme Court · 1875
10 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Maxey v. QuintanaNew Mexico Court of Appeals · 1972
- First National Bank v. Ten NapelSupreme Court of Iowa · 1924
- Davis v. CampbellNew Mexico Supreme Court · 1948
- Albuquerque & Cerrillos Coal Co. v. LermuseauxNew Mexico Supreme Court · 1920
- Pattison v. FordNew Mexico Court of Appeals · 1971
12 more not listed; retrieve them via the Exa API.