Legal Opinion

Jackson v. Deming Ice & Electric Co.

New Mexico Supreme Court

Decided October 27, 1919No. 2315PublishedCited by 5 opinions

Appeal from District Court, Luna County; R. R. Ryan, Judge. Action by B. S. Jackson, administrator of Harry H. Archuleta, deceased, against the Deming Ice & Electric Company. Verdict and judgment for plaintiff, and defendant appeals. An instruction which assumes the existence of certain facts or of evidence tending to prove them, when, in fact, there is no such evidence, is erroneous, and should not be given. 38 Cyc. 1671; 11 Enc.

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Appeal from District Court, Luna County; R. R. Ryan, Judge. Action by B. S. Jackson, administrator of Harry H. Archuleta, deceased, against the Deming Ice & Electric Company. Verdict and judgment for plaintiff, and defendant appeals. An instruction which assumes the existence of certain facts or of evidence tending to prove them, when, in fact, there is no such evidence, is erroneous, and should not be given. 38 Cyc. 1671; 11 Enc. P. & P. 130; Batten v. Newell, 30 Ga. 271; Mayor of Baltimore v. Poltney, 25 Md. 18; City of Crete v. Childs, 9 N. W. 55; Arnd v. Aylesworth, 111 N. W. 407;…

1Opinion of the Court

OPINION OF THE COURT.

PARKER, C. J.

Tbe appellant on September 20, 1917, was a public service corporation engaged in supplying the inhabitants of Deming and the surrounding country with electric energy for lighting and power. On the date mentioned a part of its equipment consisted of a line of poles and wires running east and west on Birch street. This line consisted of two wires carrying a voltage of approximately 2,300 volts. Granite street intersected Birch street, and appellee resided in a house owned by a Mrs. Bishop which fronted on Granite street; the lot on which it stood extending 150…

2Cases cited2 opinions

  1. Scott v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1913
  2. Pate v. Gus Blair-Big Muddy Coal Co.Illinois Supreme Court · 1911

3Cited by5 opinions

  1. Richardson v. RutherfordNew Mexico Supreme Court · 1990
  2. Ruiz v. HedgesNew Mexico Supreme Court · 1961
  3. Rallis v. Connecticut Fire Ins. Co.New Mexico Supreme Court · 1941
  4. Kershner v. Trinidad Mill. & Min. Co.New Mexico Supreme Court · 1920
  5. Kershner v. Trinidad Mill. & Min. Co.New Mexico Supreme Court · 1920

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