Legal Opinion · Concurrence

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

New Mexico Supreme Court

Decided May 23, 1938No. 4330Published

1Concurrence

I concur in the opinion of Mr. Chief Justice HUDSPETH:

The one thing that stands out in bold relief in this case is the fact that plaintiff, a woman passenger on defendant's train, who had a ticket which gave her the right to remain thereon, was wrongfully ejected from the train; by reason of which she was damaged in the amount of three hundred dollars.

If she was removed from the train by defendant then it was liable for the damage done; if by officers, the responsibility lies there, whether actionable or not.

The question is whether the facts justify the judgment.

"* * * Upon the trial of any…

2Cases cited15 opinions

  1. New York, Lake Erie & Western Railroad v. Winter's AdministratorSupreme Court of the United States · 1892
  2. Mygatt v. . CoeNew York Court of Appeals · 1891
  3. Arias v. SpringerNew Mexico Supreme Court · 1938
  4. Brothers v. United StatesSupreme Court of the United States · 1919
  5. Georgia Railroad & Banking Co. v. EskewSupreme Court of Georgia · 1891

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