Manning v. Atchison, T. & S. F. Ry. Co.
New Mexico Supreme Court
1Dissent
If the defendant was the real cause of plaintiff's removal from its train, it should be held liable. If it was not, if in truth the real cause of her removal was a mistake on the part of officers of the law, then the defendant should not be made to pay for that mistake. The record satisfies me that her removal from the train was due to the acts of officers of the law involving a case of mistaken identity.
If there is one thing standing out in bold relief in the record before us it is the fact that the two women passengers removed from the train, the plaintiff and her sister, were the two very…
2Cases cited15 opinions
- Gillingham v. Ohio River RailroadWest Virginia Supreme Court · 1891
- Firestone v. RiceMichigan Supreme Court · 1888
- Habirshaw Electric Cable Co. v. Habirshaw Electric Cable Co.Court of Appeals for the Second Circuit · 1924
- Brunswick & Western Railroad v. PonderSupreme Court of Georgia · 1903
- Nashville, C. & St. L. Railway v. CrosbySupreme Court of Alabama · 1913
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