Legal Opinion

Morehead v. Atchison, T. & S. F. Ry. Co.

New Mexico Supreme Court

Decided October 22, 1921No. 2502PublishedCited by 14 opinions

Appeal from District Court, Chaves County; Brice, Judge. Action by Jesse Morehead against the Atchison, Topeka & Santa Fe Railway Company. Judgment for plaintiff, .and the defendant appeals. Appellee was, as a matter of law, guilty of such contributory negligence as to bar his recoverytin any amount. Toledo S. & W. R. Co. v. Gallagher, 109 Ill. App. 67; Mercer v. Walker, 58 Pac. 27, 9 Kan. App. 882, 60 Pac. 735, 61 Kan. 736; M. K. & T. Ry.

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Appeal from District Court, Chaves County; Brice, Judge. Action by Jesse Morehead against the Atchison, Topeka & Santa Fe Railway Company. Judgment for plaintiff, .and the defendant appeals. Appellee was, as a matter of law, guilty of such contributory negligence as to bar his recoverytin any amount. Toledo S. & W. R. Co. v. Gallagher, 109 Ill. App. 67; Mercer v. Walker, 58 Pac. 27, 9 Kan. App. 882, 60 Pac. 735, 61 Kan. 736; M. K. & T. Ry. Co. v. Duffey, 71 Pac. 261, 66 Kan. 735; St. Louis & S. Ry. Co. v. Simms, 92 S. W. 909, 116 Mo. App. 572; McAuliffe v. New York Central & H. R. R. Co., 73…

1Opinion of the Court

OPINION OF THE COURÍ.

RAYNOLDS, J.

This is an appeal from an action instituted by Jesse Morehead against the Atchison, Topeka & Santa Fe Railway Company to recover for personal injuries and damages to property which occurred in a collision between a train and an automobile on the public road crossing in the city of RosWell, N. M. In the lower court appellee, More-head, recovered judgment for the sum of $466.50, from, which judgment appellant appeals to this court.

As stated by appellant in his brief:

“There is but one assignment of error in this case, which is, in effect, that the evidence showed…

2Cases cited11 opinions

  1. Railroad Company v. HoustonSupreme Court of the United States · 1878
  2. Continental Improvement Co. v. SteadSupreme Court of the United States · 1877
  3. Schofield v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of the United States · 1885
  4. Northern Pacific Railroad v. FreemanSupreme Court of the United States · 1899
  5. Malott v. HawkinsIndiana Supreme Court · 1902

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

3Cited by14 opinions

  1. Gray v. EsslingerNew Mexico Supreme Court · 1942
  2. Landers v. Atchison, Topeka & Santa Fe Railway Co.New Mexico Supreme Court · 1961
  3. Sandoval v. BrownNew Mexico Supreme Court · 1959
  4. Blewett v. BarnesNew Mexico Supreme Court · 1957
  5. Atchison, T. & S. F. Ry. Co. v. SpencerCourt of Appeals for the Ninth Circuit · 1927

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

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