Chicago, Rock Island & El Paso Railway Co. v. Wertheim
New Mexico Supreme Court
Appeal from the District Court for Quay County before Edward A. Mann, Associate Justice. Parole proof was admissible to show that defendant was not operating the line of railroad which passed through or near to the lands of the plaintiff.
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Appeal from the District Court for Quay County before Edward A. Mann, Associate Justice. Parole proof was admissible to show that defendant was not operating the line of railroad which passed through or near to the lands of the plaintiff. A railroad company by the acceptance of its charter and franchises from the state assumes a responsibility toward the public for the proper exercise thereof, and if it permits others to use its road the latter must be deemed to do so as its agents. STATEMENT OF THE CASE. The appellee Wertheim sued the appellant railway company for damages. The complaint…
1Opinion of the Court
OPINION OP THE COURT.
POPE, 'C. J.—
(After making the foregoing statement of the facts.) — The only assignment of error relates to the rejection of the testimony to be now mentioned. Upon the trial the witness Franklin was introduced, who testified that by reason of being the New Mexico attorney for the defendant he passed on the lease between that company and the El Paso and Southwestern system of which he was assistant general attorney and that he also had charge of the settlement of claims over the’ portion of the railroad (from Tucumcari to Santa Eosa) here involved and had frequent…
2Cases cited15 opinions
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- Humphreys v. McCallCalifornia Supreme Court · 1858
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