Legal Opinion · Dissent

Martinez v. Knowlton

New Mexico Court of Appeals

Decided April 9, 1975No. 1671Published

1DissentSutin, Judge

I dissent.

The majority of the Court reversed this case because defendants elicited testimony of prior injuries of both parties. Upon what basis this evidence was prejudicial is a mystery, because this claimed error was not preserved for review.

Defendants are fortified by a jury verdict and by the judgment of the trial court, the most favored position known to the law. The judgment of the trial court must be affirmed if any reasonable basis therefor appears in the record. Mr. Justice Bran-déis said long ago:

Appellate Courts should be slow to impute to juries a disregard of their duties, and to…

2Cases cited26 opinions

  1. Fairmount Glass Works v. Cub Fork Coal Co.Supreme Court of the United States · 1933
  2. Marut v. CostelloIllinois Supreme Court · 1966
  3. Kantor v. AshCourt of Appeals of Maryland · 1958
  4. Eickmann v. St. Louis Public Service Co.Supreme Court of Missouri · 1952
  5. Jackson v. Southwestern Public Service CompanyNew Mexico Supreme Court · 1960

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