Pecos Valley & Northeastern Ry. Co. v. Cazier
New Mexico Supreme Court
Appeal from the district court of Chaves county, before William H. Pope, Associate Justice. Under the statutes of New Mexico, where stock is killed or injured by the operation of a railroad company’s trains, will negligence be imputed to the company by reason of mere 'failure to fence its right of way, or will negligence be imputed only as to the operation and management of its trains in such instances.
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Appeal from the district court of Chaves county, before William H. Pope, Associate Justice. Under the statutes of New Mexico, where stock is killed or injured by the operation of a railroad company’s trains, will negligence be imputed to the company by reason of mere 'failure to fence its right of way, or will negligence be imputed only as to the operation and management of its trains in such instances. Sec. 241 O. L., 1897, as amended by Chap. 86, Laws of 1901; and Sec. 242 C. L., 1897, contain all the Statutory Law in New Mexico on the subject. Under the common law railroads are not obliged…
1Opinion of the Court
OPINION OF THE COURT.
MANN, J.
1 At common law, no recovery could be had for damages against the railroad company for the killing or maiming of animals by its trains or engines, unless it appeared that the employes and servants of the company were negligent in the operation of such trains. It was the duty of the company and its agents to use reasonable care to avoid such injuries, but a showing of reasonable care upon the part of the railroad company was a sufficient defense to the action. Eams v. Salem, & Lowell Railroad, 98 Mass. 560; Brown v. Coffin, 108 Mass. 175.
This court has virtually…
2Cases cited4 opinions
- Grand Trunk Railway Co. v. IvesSupreme Court of the United States · 1892
- Bronson v. CoffinMassachusetts Supreme Judicial Court · 1871
- Eames v. Salem & Lowell RailroadMassachusetts Supreme Judicial Court · 1868
- McCoy v. California Pacific RailroadCalifornia Supreme Court · 1871
3Cited by4 opinions
- Grubb v. WolfeNew Mexico Supreme Court · 1965
- Hill v. WinklerNew Mexico Supreme Court · 1915
- Sears v. FewsonNew Mexico Supreme Court · 1909
- Ruiz v. Southern Pacific Transportation Co.New Mexico Court of Appeals · 1981