Cerrillos Coal Railroad v. Deserant
New Mexico Supreme Court
Error from a judgment for plaintiff, to the First Judicial District Court, Santa Fe County. The facts are stated in the opinion of the court. The instructions given by the court do not in any wise state the law as to proximate cause. C. N. O. & T. P. R’y Co. v. Mealer, 50 Fed. Rep. 725; Scheffer v. R’y Co., 105 IT.
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Error from a judgment for plaintiff, to the First Judicial District Court, Santa Fe County. The facts are stated in the opinion of the court. The instructions given by the court do not in any wise state the law as to proximate cause. C. N. O. & T. P. R’y Co. v. Mealer, 50 Fed. Rep. 725; Scheffer v. R’y Co., 105 IT. S. 249. When an injury may have come from either one of two causes, either of which may have been the sole proximate cause, it devolves upon plaintiff to prove by a preponderance of the evidence that the cause for which the defendant was liable was culpable and the proximate cause.…
1Opinion of the CourtOolliee, J.
Eor convenience the parties to this record will in this opinion be referred to as they appeared in the lower court, i. e. plaintiff in error will be called defendant and vice versa.
This is an action by the administratrix of Henri Deserant, deceased, against the Cerrillos Coal Eailroad Company in which damages are claimed for negligence in causing death in its mine, called the White Ash Mine, on Wednesday, February 27, 1895, as a-result of an explosion occurring about 10:45 o’clock in the forenoon.
The declaration charges the negligence in various ways conducing to bring about or cause said…
2Cases cited25 opinions
- Milwaukee & Saint Paul Railway Co. v. KelloggSupreme Court of the United States · 1877
- Grand Trunk Railway Co. v. IvesSupreme Court of the United States · 1892
- Hough v. Railway Co.Supreme Court of the United States · 1880
- Northern Pacific Railroad v. HerbertSupreme Court of the United States · 1886
- Lake Shore & Michigan Southern Railway Co. v. PrenticeSupreme Court of the United States · 1893
20 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Stang v. Hertz CorporationNew Mexico Supreme Court · 1970
- Stang v. Hertz CorporationNew Mexico Court of Appeals · 1970
- Hogsett v. HannaNew Mexico Supreme Court · 1936
- Mares v. New Mexico Public Service Co.New Mexico Supreme Court · 1938
- Varney v. TaylorNew Mexico Supreme Court · 1966
17 more not listed; retrieve them via the Exa API.