Legal Opinion
Burnham v. Yellow Checker Cab, Inc.
New Mexico Supreme Court
Decided April 13, 1964No. 7377PublishedCited by 11 opinions
1Opinion of the Court
NOBLE, Justice.
The complaint seeking damages for personal injuries sustained by Emma Burnham, a pedestrian who was struck by defendants’ taxicab, was dismissed following .a jury verdict for the defendants. Plaintiffs, husband and wife, have appealed.
Denial of plaintiffs’ request to instruct on the doctrine of last clear chance is determinative of the appeal and we go directly to that question.
This court announced in Floeck v. Hoover, 52 N.M. 193, 195 P.2d 86, those factual matters which present the issue of last clear chance, as follows:
“ * * * It must appear, (1) that plaintiff has been…
2Cases cited11 opinions
- Lucero Ex Rel. Lucero v. TorresNew Mexico Supreme Court · 1960
- Thayer v. Denver & Rio Grande R. R.New Mexico Supreme Court · 1916
- Sanchez v. GomezNew Mexico Supreme Court · 1953
- Floeck v. HooverNew Mexico Supreme Court · 1948
- Hanks v. WalkerNew Mexico Supreme Court · 1955
6 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Woolwine v. Furr's, Inc.New Mexico Court of Appeals · 1987
- Flanary v. Transport Trucking StopNew Mexico Court of Appeals · 1968
- Lopez v. MaesNew Mexico Court of Appeals · 1970
- Castillo v. City of Las VegasNew Mexico Court of Appeals · 2008
- Marvin Eichelberg v. National Railroad Passenger CorporationCourt of Appeals for the Second Circuit · 1995
6 more not listed; retrieve them via the Exa API.