Legal Opinion

H. T. Coker Construction Co. v. Whitfield Transportation, Inc.

New Mexico Court of Appeals

Decided January 9, 1974No. 1236PublishedCited by 51 opinions

1Opinion of the Court

OPINION

WOOD, Chief Judge.

This appeal involves two claims of damage to merchandise shipped by the manufacturer in California to plaintiff in Alamogordo, New Mexico. Defendant is a common carrier “ * * * operating pursuant to the laws of the United States and the regulations of the Interstate Commerce Commission.” “ * * * [Ujnder federal law, in an action to recover from a carrier for damage to a shipment, the shipper establishes his prima facie case when he shows delivery in good condition, arrival in damaged condition, and the amount of damages. * * * ” Missouri P. R. Co. v. Elmore & Stahl,…

Also in this document: Concurrence.

2Cases cited17 opinions

  1. Missouri Pacific Railroad v. Elmore & StahlSupreme Court of the United States · 1964
  2. State v. RomeroNew Mexico Supreme Court · 1960
  3. Fox v. DoakNew Mexico Supreme Court · 1968
  4. Tsosie v. Foundation Reserve Insurance CompanyNew Mexico Supreme Court · 1967
  5. Ferguson-Steere Motor Co. v. State Corp. CommissionNew Mexico Supreme Court · 1957

12 more not listed; retrieve them via the Exa API.

3Cited by51 opinions

  1. Earth Resources Co. of Alaska v. State, Department of RevenueAlaska Supreme Court · 1983
  2. Roybal v. MorrisNew Mexico Court of Appeals · 1983
  3. Robertson v. Carmel Builders Real EstateNew Mexico Court of Appeals · 2003
  4. Johnsen v. FryarNew Mexico Court of Appeals · 1981
  5. Matter of PernellNew Mexico Court of Appeals · 1979

46 more not listed; retrieve them via the Exa API.

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