Friday v. Santa Fe Central Railway Co.
New Mexico Supreme Court
Appeal from the First Judicial District, before John R. MoFie, Associate Justice. The venue should have been alleged in the complaint. Hill et al. v. Walker, 167 Fed. 245; 97 Fed. 817. Federal Liability Act of June 11, 1906, is unconstitutional. Howard v. Illinois Central Railroad Co., 207 TJ.
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Appeal from the First Judicial District, before John R. MoFie, Associate Justice. The venue should have been alleged in the complaint. Hill et al. v. Walker, 167 Fed. 245; 97 Fed. 817. Federal Liability Act of June 11, 1906, is unconstitutional. Howard v. Illinois Central Railroad Co., 207 TJ. S. 463, 51 L ed. 297; Illinois Central Railway Co. v. McICéndree, 203 U. S. 514; Hnited States v. Reese, 92 H. S. 214; Trade Mark Cases, 100 H. S. 82; Allen v. Louisiana, 103 H. S. 80; Hnited States v. Harris, 106 H. S. 629; Poindexter v. Greenhow, 114 H. S. 270; Spreigue v. Thompson, 118 H. S. 90;…
1Opinion of the Court
Opinion of the court.
POPE, J.
The plaintiff brought suit for personal injury in the First Judicial District Court. The verdict was in his favor and the defendant railroad appeals. The errors assigned will be considered seriatim.
1 It is said first that the complaint does not show jurisdiction in that it does not allege the injury to have occnrrecl within the First Judicial District. This point does not appear to have been made before trial in the court below, but as it is claimed to be jurisdictional we proceed to consider whether it is fatal to the judgment rendered. The question of…
2Cases cited3 opinions
- The Employers'liability CasesSupreme Court of the United States · 1908
- Gutierrez v. El Paso & Northeastern RailroadTexas Supreme Court · 1909
- Atchison, Topeka & Santa Fe Railway Co. v. MillsCourt of Appeals of Texas · 1908
3Cited by6 opinions
- State v. LawrenceCourt of Criminal Appeals of Oklahoma · 1913
- Rueb v. RehderNew Mexico Supreme Court · 1918
- Cater v. Sunshine Valley Conservancy Dist.New Mexico Supreme Court · 1928
- Kershner v. Trinidad Mill. & Min. Co.New Mexico Supreme Court · 1920
- Burns v. HeronNew Mexico Supreme Court · 1932
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