Southwestern Brewery & Ice Co. v. Schmidt
Supreme Court of the United States
ERROR TO THE SUPREME COURT OF THE TERRITORY OF NEW MEXICO. The facts, which involve the validity of a verdict for personal injuries, are stated in the opinion. The trial court erred in. refusing to grant defendants’ motion for judgment in its favor on the special findings of the jury. This is an action for negligence, not on contract. To maintain it, the first step must be to establish some breach of duty, some actionable negligence on the part of the appellant.
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ERROR TO THE SUPREME COURT OF THE TERRITORY OF NEW MEXICO. The facts, which involve the validity of a verdict for personal injuries, are stated in the opinion. The trial court erred in. refusing to grant defendants’ motion for judgment in its favor on the special findings of the jury. This is an action for negligence, not on contract. To maintain it, the first step must be to establish some breach of duty, some actionable negligence on the part of the appellant. The general verdict for plaintiff is inconsistent with the special finding, and' the special finding must prevail. Sec. 2993, Comp.…
1Opinion of the CourtJustice Holmes
This is an action by a sérvant.for personal injuries. The declaration alleged that it was the plaintiff’s duty to cook brewer’s mash, in a cooker, that, the cooker was so' out of repair that-the plaintiff was unwilling to use it, but-that the defendant-requested him- to go on until it could' be repaired and promised that it should be within a very short time; that the plaintiff did go on, relying upon the promise, that the cooker gave way and the plaintiff was badly scalded. The defendant denied the allegations and pleaded plaintiff’s contributory negligence and a release. In a replication…
2Cases cited4 opinions
- Hough v. Railway Co.Supreme Court of the United States · 1880
- Walker v. New Mexico & Southern Pacific RailroadSupreme Court of the United States · 1897
- Northern Pacific Railroad v. UrlinSupreme Court of the United States · 1895
- Commissioners of Santa Fé County v. Territory of New Mexico Ex Rel. ColerSupreme Court of the United States · 1909
3Cited by20 opinions
- Seaboard Air Line Railway v. HortonSupreme Court of the United States · 1914
- Kerman v. City of New YorkCourt of Appeals for the Second Circuit · 2004
- Williamson v. SmithNew Mexico Supreme Court · 1971
- United States v. William H. Price, Jr.Court of Appeals for the Fourth Circuit · 1961
- United States v. BrooksCourt of Appeals for the Fourth Circuit · 1949
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