Romero v. Atchison, Topeka & Santa Fe Railway Co.
New Mexico Supreme Court
Appeal from the district court of ■ San Miguel county, before William J. Mills, Chief Justice. In states having statutes similar to that of New Mexico, the administrator is not a mere nominal party, but is directly and substantially interested on behalf of the estate. Major v. Burlington, C. R. & N. Ry.
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Appeal from the district court of ■ San Miguel county, before William J. Mills, Chief Justice. In states having statutes similar to that of New Mexico, the administrator is not a mere nominal party, but is directly and substantially interested on behalf of the estate. Major v. Burlington, C. R. & N. Ry. Co., 88 N. W. 815; Perham v. Portland General Electric Co., 53 Pac. lá; Mathews v. Warners’ Adm’r, 29 Gratt. 570; Baltimore & O. R. Co. v. Noell’s Adm’r, 32 Gratt. 394; Harper v. Norfolk & W. R. Co., 36 Fed. 102. And this action may be brought by the administrator, notwithstanding the pendency…
1Opinion of the Court
OPINION OF THE COURT.
McFIE, J.
Tbe sole question presented by this record is, whether under the facts disclosed by the complaint, a right of action existed in the name of the administrator of the estate of the deceased.
1 It will be admitted, that at common law, no action would lie for an injury caused by the death of a human being. If a right of action now exists, therefore, it must be by virtue of legislative enactment. The subject of death by wrongful act has been brought to the attention of the legislative department of this Territory on, at least, three different occasions, and statutes…
2Cases cited3 opinions
- Barker v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1886
- Oates v. Union Pacific Railway Co.Supreme Court of Missouri · 1891
- Atchison, Topeka & Santa Fe R. R. v. FarrowSupreme Court of Colorado · 1883
3Cited by31 opinions
- Stang v. Hertz CorporationNew Mexico Court of Appeals · 1970
- Romero v. ByersNew Mexico Supreme Court · 1994
- Hall v. StilesNew Mexico Supreme Court · 1953
- Cain v. BowlbyCourt of Appeals for the Tenth Circuit · 1940
- Ickes v. BrimhallNew Mexico Supreme Court · 1938
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