Corcoran v. Albuquerque Traction Co.
New Mexico Supreme Court
Appeal from the District Court for the County of Bernalillo before Ira A. Abbott, Associate Justice. If the evidence is so meagre as not in law to justify a verdict for the party upon whom the burden of proof rests, the court would be in the line of duty to so instruct the jury. Tex. & Pac. Ry. Co. v. Gentry, 163 IT.
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Appeal from the District Court for the County of Bernalillo before Ira A. Abbott, Associate Justice. If the evidence is so meagre as not in law to justify a verdict for the party upon whom the burden of proof rests, the court would be in the line of duty to so instruct the jury. Tex. & Pac. Ry. Co. v. Gentry, 163 IT. S. 365; Commissioners v. Clark, 94 U. S. 284; Montelaire v. Dana, 107 U. S. 162; Marshal v. Hubbard, 117 U. S. 419; Gildersleeve v. Atkinson, 6 N. M. 266; Rosen v. H. S., 161 U. S. 43; Sparf v. H. S., 156 H. S. 100; Texas v. Gentry, 163 IJ. S. 365; Sou. Pac. Co. v. Johnson, 69…
1Opinion of the Court
OPINION OP TRIE COURT.
PAEKEE, J.
Appellee brought an action for damages for personal injuries received by reason of the alleged negligence of appellant and the jury rendered a verdict for Two Thousand Dollars damages. They also made special findings as to whether the street car .moved while appellee was in the act of boarding it and as to the number of the car in question. On motion for a new trial the court below compelled a remittitur down to Eleven Hundred Dollars damages and upon remittitur being filed overruled the motion and expressly refused to find the verdict for Two Thousand Dollars…
2Cases cited10 opinions
- Anderson v. WattSupreme Court of the United States · 1891
- Crumpton v. United StatesSupreme Court of the United States · 1891
- Kidder v. StevensCalifornia Supreme Court · 1882
- Lazarus v. PhelpsSupreme Court of the United States · 1895
- Libby, McNeill & Libby v. BanksIllinois Supreme Court · 1904
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3Cited by15 opinions
- Sauter v. St. Michael's CollegeNew Mexico Supreme Court · 1962
- Henderson v. DreyfusNew Mexico Supreme Court · 1919
- Petrakis v. KrasnowNew Mexico Supreme Court · 1949
- Bass v. DehnerCourt of Appeals for the Tenth Circuit · 1939
- Strickland v. Roosevelt County Rural Electric CooperativeNew Mexico Court of Appeals · 1982
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