Vigil v. Penitentiary of New Mexico

McGHEE, Justice.

The first question raised by the appeal in this case is whether an individual may maintain an action in tort against The Penitentiary of New Mexico, a corporation, for damages.

Section 1, Article 14 of the New Mexico Constitution provides:

“The Penitentiary at Santa Fe, the Miners’ Hospital of New Mexico at Raton, the New Mexico Insane Asylum at Las Vegas, and the New Mexico Reform School at Springer, are hereby confirmed as state institutions.”

Chapter 55, Laws of 1939 (Sec. 45-101, N.M.Stats.1941 Ann.), makes the Penitentiary of New Mexico a corporate body with the right to sue…