Morehead v. Atchison, T. & S. F. Ry. Co.
New Mexico Supreme Court
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
- Railroad Company v. HoustonSupreme Court of the United States · 1878
- Continental Improvement Co. v. SteadSupreme Court of the United States · 1877
- Schofield v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of the United States · 1885
- Northern Pacific Railroad v. FreemanSupreme Court of the United States · 1899
- Malott v. HawkinsIndiana Supreme Court · 1902
6 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Gray v. EsslingerNew Mexico Supreme Court · 1942
- Landers v. Atchison, Topeka & Santa Fe Railway Co.New Mexico Supreme Court · 1961
- Sandoval v. BrownNew Mexico Supreme Court · 1959
- Blewett v. BarnesNew Mexico Supreme Court · 1957
- 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.