Lamb v. Randall
New Mexico Court of Appeals
1DissentAndrews, Judge
As a general rule, statutes in derogation of the common law are to be strictly construed, see Travelers Indem. Co. v. Brooks, 60 Ohio App.2d 37, 395 N.E.2d 494 (1977); however, a different rule applies to remedial statutes in derogation of the common law since where a statute is both remedial and in derogation of the common law it is usual to strictly construe the question whether it modifies the common law but to liberally construe its application. Albuquerque Hilton Inn v. Haley, 90 N.M. 510, 565 P.2d 1027 (1977). In the absence of statutory law to the contrary the mere relationship of…
2Cases cited6 opinions
- Clark v. CassettyNew Mexico Supreme Court · 1962
- Potomac Insurance Company v. TorresNew Mexico Supreme Court · 1965
- Albuquerque Hilton Inn v. HaleyNew Mexico Supreme Court · 1977
- Travelers Indemnity Co. v. BrooksOhio Court of Appeals · 1977
- Adams v. StateCourt of Appeals of Georgia · 1957
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