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

FLY, Associate Justice.

— This is a suit for damages arising from personal injuries alleged to have been inflicted upon appellee through the negligence of appellant, in the Territory of New Mexico, on November 14, 1906. Appellant answered by general and special exceptions, general denial, and pleas of the injuries having been inflicted through the negligence of a fellow servant, and assumed risk and contributory negligence. The trial resulted in a verdict and judgment in favor of appellee in the sum of $5,500.

The first assignment of error brings in review the following charge, given by the…