Legal Opinion · Dissent

Cain v. Bowlby

Court of Appeals for the Tenth Circuit

Decided September 3, 1940No. 2057Published

1DissentPpiillips, Circuit Judge

Sec. 36-101, N.M.Supp.1938, in part .reads:

“Whenever any person shall die from any injury resulting from, or occasioned by the negligence, unskillfulness or criminal intent of any officer, agent, servant or employee, whilst running, conducting or managing any locomotive, car, or train of cars, or of any driver of any stage coach or other public conveyance, while in charge of the same as driver; * *

It will be observed that the quoted provision embraces two classes of persons — (1) any officer, agent, servant, or employee while running, conducting, or managing any locomotive, car, or train of…

2Cases cited18 opinions

  1. Packard v. BantonSupreme Court of the United States · 1924
  2. Stephenson v. BinfordSupreme Court of the United States · 1932
  3. People v. LloydIllinois Supreme Court · 1922
  4. State Ex Rel. Dean v. DauesSupreme Court of Missouri · 1929
  5. Huff v. FetchIndiana Supreme Court · 1924

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