Legal Opinion

Whitmer v. El Paso & S. W. Co.

Court of Appeals for the Fifth Circuit

Decided December 17, 1912No. 2,356PublishedCited by 19 opinions

In Error to the District Court of the United States for the Western District of Texas; Thomas S. Maxey, Judge. Action by Victoria Whitmer, administratrix, against the El Paso & Southwestern Company. There was a judgment for defendant, and plaintiff brings error.

1Opinion of the Court

SHELBY, Circuit Judge.

The defendant owned and operated a railroad that extended into New Mexico. On the road near Cloud-croft, in that state, there was a bridge or trestle. The bridge had been used for a long time by adults and children as a passway. Near the bridge were public resorts, and the bridge was attractive to children who constantly used it as a passway, with the knowledge and consent ■of the defendant. For a long time it was in a safe condition, containing no gaps or pitfalls. Before the 19th of June, 1910, the defendant moved a plank from the bridge, or made a break or hole in the…

2Cases cited21 opinions

  1. Milwaukee & St. Paul Railway Co. v. ArmsSupreme Court of the United States · 1876
  2. Railroad Co. v. BarronSupreme Court of the United States · 1867
  3. Houghkirk v. President, Managers & Co. of the Delaware & Hudson Canal Co.New York Court of Appeals · 1883
  4. Northern Pacific Railroad v. HamblySupreme Court of the United States · 1894
  5. McIntyre v. . New York Central R.R. Co.New York Court of Appeals · 1867

16 more not listed; retrieve them via the Exa API.

3Cited by19 opinions

  1. Stang v. Hertz CorporationNew Mexico Supreme Court · 1970
  2. Stang v. Hertz CorporationNew Mexico Court of Appeals · 1970
  3. Hogsett v. HannaNew Mexico Supreme Court · 1936
  4. Cain v. BowlbyCourt of Appeals for the Tenth Circuit · 1940
  5. Varney v. TaylorNew Mexico Supreme Court · 1966

14 more not listed; retrieve them via the Exa API.

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