Legal Opinion

Bourguet v. Atchison, Topeka & Santa Fe Railway Co.

New Mexico Supreme Court

Decided January 23, 1959No. 6387PublishedCited by 5 opinions

1Opinion of the Court

McGHEE, Justice.

On December 31, 1958, we filed an opinion, 65 N.M. 200, 334 P.2d 1107, in which we refused to dismiss the appeal in this case on jurisdictional grounds, and we now dispose of the case on its merits.

The plaintiff suffered a hernia attempting to pull in the side of a steel coal car by the úse of a turnbuckle while employed by the defendant and sued to recover damages for such injury. At the conclusion of the plaintiff’s case in chief the trial court directed a Verdict for the defendant on the ground the plaintiff had not made out a case of negligence against 'the defendant which…

2Cases cited17 opinions

  1. Rogers v. Missouri Pacific RailroadSupreme Court of the United States · 1957
  2. Urie v. ThompsonSupreme Court of the United States · 1949
  3. Northern Pacific Railroad v. HerbertSupreme Court of the United States · 1886
  4. Flike v. . Boston and Albany R.R. Co.New York Court of Appeals · 1873
  5. Blair v. Baltimore & Ohio RailroadSupreme Court of the United States · 1945

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

3Cited by5 opinions

  1. Vivian v. Atchison, Topeka and Santa Fe Railway Co.New Mexico Supreme Court · 1961
  2. Clinard v. Southern Pacific CompanyNew Mexico Supreme Court · 1970
  3. Chavez v. Atchison, Topeka and Santa Fe Railway Co.New Mexico Supreme Court · 1967
  4. State v. CappsNew Mexico Supreme Court · 1982
  5. State v. CappsNew Mexico Supreme Court · 1982

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API