Whitmer v. El Paso & S. W. Co.
Court of Appeals for the Fifth Circuit
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
- Milwaukee & St. Paul Railway Co. v. ArmsSupreme Court of the United States · 1876
- Railroad Co. v. BarronSupreme Court of the United States · 1867
- Houghkirk v. President, Managers & Co. of the Delaware & Hudson Canal Co.New York Court of Appeals · 1883
- Northern Pacific Railroad v. HamblySupreme Court of the United States · 1894
- McIntyre v. . New York Central R.R. Co.New York Court of Appeals · 1867
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3Cited by19 opinions
- Stang v. Hertz CorporationNew Mexico Supreme Court · 1970
- Stang v. Hertz CorporationNew Mexico Court of Appeals · 1970
- Hogsett v. HannaNew Mexico Supreme Court · 1936
- Cain v. BowlbyCourt of Appeals for the Tenth Circuit · 1940
- Varney v. TaylorNew Mexico Supreme Court · 1966
14 more not listed; retrieve them via the Exa API.