Legal Opinion

Walker v. New Mexico & Southern Pacific Railroad

Supreme Court of the United States

Decided March 1, 1897No. 171PublishedCited by 167 opinions

ERROR TO THE SUPREME COURT OP THE TERRITORY OP NEW MEXICO. ■ 0N November 3, 1886, A. -O. Walker commenced this action in the "District Court of the Second Judicial District of the Territory of New Mexico in -and for the county of Socorro, 'against the railroad company defendant, to recover damages resulting from an overflow of his lands, caused, as charged, by a wrongful obstruction of a natural watercourse.

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ERROR TO THE SUPREME COURT OP THE TERRITORY OP NEW MEXICO. ■ 0N November 3, 1886, A. -O. Walker commenced this action in the "District Court of the Second Judicial District of the Territory of New Mexico in -and for the county of Socorro, 'against the railroad company defendant, to recover damages resulting from an overflow of his lands, caused, as charged, by a wrongful obstruction of a natural watercourse. Subsequently, an amended declaration was filed, and after the death of A. C. Walker the action was revived in the name of his administratrix, the present plaintiff in error.' After some…

1Opinion of the CourtJustice Brewer

The testimony was not preserved, and the case is submitted to us upon the pleadings, the verdict, th© special findings of fact and the judgment; and on the record as thus presented plaintiff in error rests her claim of reversal upon three propositions: First, that the act of. the territorial legislature, authorizing special findings of fact and providing for judgment on the special findings, if inconsistent with the general verdict (Laws of New Mex. 1889, c. 45, page 97), is in contravention of the Seventh Amendment to the Constitution of the United States, which reads: .

“In suits at common…

2Cases cited2 opinions

  1. Spurr v. Inhabitants of ShelburneMassachusetts Supreme Judicial Court · 1881
  2. Mair v. BassettMassachusetts Supreme Judicial Court · 1875

3Cited by167 opinions

  1. Tellabs, Inc. v. Makor Issues & Rights, Ltd.Supreme Court of the United States · 2007
  2. MARKMAN Et Al. v. WESTVIEW INSTRUMENTS, INC., Et Al.Supreme Court of the United States · 1996
  3. Davis v. Aetna Acceptance Co.Supreme Court of the United States · 1934
  4. Gasoline Products Co. v. Champlin Refining Co.Supreme Court of the United States · 1931
  5. Ex Parte PetersonSupreme Court of the United States · 1920

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