Legal Opinion

City of Albuquerque v. Garcia

New Mexico Supreme Court

Decided April 6, 1973No. 9531PublishedCited by 20 opinions

1Opinion of the Court

OPINION

STEPHENSON, Justice.

Plaintiff alleged that she had been negligently injured while a passenger on a city bus driven by Mr. Callahan. On motion by the City, the trial court dismissed as to it on the basis of § 64-25-9, N.M.S.A.1953. Following compliance with Rule 54(b) [§ 21-1-1 (54) (b), N.M.S.A.1953] plaintiff appealed. The Court of Appeals reversed. Garcia v. City of Albuquerque, 84 N.M. 168, 500 P.2d 453 (Ct.App.1972). We granted certiorari and reverse the Court of Appeals.

The statute in question is Ch. 192, Laws of 1941, compiled as §§ 64-25-8 and 9, N. M.S.A.1953. The entire act,…

2Cases cited7 opinions

  1. Montclair v. RamsdellSupreme Court of the United States · 1883
  2. Barker v. City of Santa FeNew Mexico Supreme Court · 1943
  3. City of Albuquerque v. CampbellNew Mexico Supreme Court · 1960
  4. Crosthwait v. WhiteNew Mexico Supreme Court · 1951
  5. Bureau of Revenue v. Dale J. Bellamah CorporationNew Mexico Supreme Court · 1970

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3Cited by20 opinions

  1. Hicks v. StateNew Mexico Supreme Court · 1976
  2. Huey v. LenteNew Mexico Supreme Court · 1973
  3. State v. TrivittNew Mexico Supreme Court · 1976
  4. United States Brewers Ass'n v. Director of the New Mexico Department of Alcoholic Beverage ControlNew Mexico Supreme Court · 1983
  5. State v. CarterNew Mexico Court of Appeals · 1979

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