Thayer v. Denver & Rio Grande R. R.
New Mexico Supreme Court
Appeal from District Court, Santa Fé County; E. C. Abbott, Judge. Action by Fred Thayer against the Denver & Rio Grande Railroad Company. From judgment for plaintiff, defendant appeals. Duty of. master is only to exercise reasonable diligence. Wonder v. B, & O. R. Co., 32 Md. 411, 1 Am. R. 143; sec. 919, Labatt’s Master & Ser. (2d ed.); Probst v. Delameter, 100 N. Y. 266; Krampe v. St. L. Brew. Co., 59 Mo.
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Appeal from District Court, Santa Fé County; E. C. Abbott, Judge. Action by Fred Thayer against the Denver & Rio Grande Railroad Company. From judgment for plaintiff, defendant appeals. Duty of. master is only to exercise reasonable diligence. Wonder v. B, & O. R. Co., 32 Md. 411, 1 Am. R. 143; sec. 919, Labatt’s Master & Ser. (2d ed.); Probst v. Delameter, 100 N. Y. 266; Krampe v. St. L. Brew. Co., 59 Mo. App. 277. Complaint must show existence of some duty which defendant owed plaintiff and breach thereof. 2 Chitty Plead. (16th Am. ed.) 574; 29 Cyc. 566; Holt’ v. Spokane & P. Ry. Co., 3…
1Opinion of the Court
OPINION OF THE COURT.
ROBERTS, C. J.
(after stating the facts as above) — [1] The first question discussed by counsel for appellant is the action of the trial court in permitting appellee to file' an amended complaint. The amended complaint was filed by leave of court, over appellant’s objection, at the conclusion of appellant’s case in chief upon The first trial of this case. This appeal is from a judgment rendered upon a retrial of the cause, and appellant concedes that .the amendment stands in the same light a.s though made prior to the trial. We are favored by a very able and thorough…
2Cases cited69 opinions
- Union Pacific Railway Co. v. WylerSupreme Court of the United States · 1895
- Milwaukee & St. Paul Railway Co. v. ArmsSupreme Court of the United States · 1876
- Union Pacific Railway Co. v. O'BrienSupreme Court of the United States · 1896
- Robb v. . Washington Jefferson CollegeNew York Court of Appeals · 1906
- Louisville & Nashville Railroad v. MarkeeSupreme Court of Alabama · 1893
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3Cited by39 opinions
- Crocker v. JohnstonNew Mexico Supreme Court · 1939
- Archuleta v. JacobsNew Mexico Supreme Court · 1939
- Gray v. EsslingerNew Mexico Supreme Court · 1942
- Crespin v. Albuquerque Gas & Electric Co.New Mexico Supreme Court · 1935
- Floeck v. HooverNew Mexico Supreme Court · 1948
34 more not listed; retrieve them via the Exa API.