White v. Montoya

BRICE, Chief Justice.

The appellee instituted this suit to recover damages for the death of his intestate, a youth of fifteen years, caused by a collision with appellant’s truck. At the time of the accident the appellant was operating his own truck as a common carrier under a certificate of convenience and necessity issued by the New Mexico Corporation Commission. The suit was brought under sections 36-102 and 36-104, Sts.1929, parts of which, material here, are as follows:

“Whenever the death of a person shall be caused by the wrongful act, neglect or default of another, although such death…