Atchison, Topeka & Santa Fe Railway Co. v. Citizens Traction & Power Co.
New Mexico Supreme Court
Appeal from the District Court for Bernalillo County, before Merritt C. Mechem, Associate Justice. The court should have fixed and determined the manner and method of the crossing as required by the laws of New Mexico in case of disagreement between the railway companies concerned. C. L. 1897, secs. 3804-3925; 3847, sub-sec. 6; Central Pass. Ry. Co. v. Phil. etc. Ry. Co., 52 Atl. 752; People’s R. R. Co. v. Syracuse, 22 Abb.
Read the full summary
Appeal from the District Court for Bernalillo County, before Merritt C. Mechem, Associate Justice. The court should have fixed and determined the manner and method of the crossing as required by the laws of New Mexico in case of disagreement between the railway companies concerned. C. L. 1897, secs. 3804-3925; 3847, sub-sec. 6; Central Pass. Ry. Co. v. Phil. etc. Ry. Co., 52 Atl. 752; People’s R. R. Co. v. Syracuse, 22 Abb. N. C. 427; Buffalo, B. & L. R. Co. v. New York, L. E. & W. R. .Co., 72 Hun. 583; N. Y. Laws 1882, chap. 676, art. 1, sec. 12; N. Y. Laws 1883, chap. 239; Mayor etc. v.…
1Opinion of the Court
OPINION OF THE COURT.
ROBERTS, J.
1 Error is assigned questioning the right of the court below to enter judgment against the plaintiff for an attorney’s fee of two hundred and fifty dollars, to be included as costs in the case, but, as our- conclusions in regard to the other facts in the case necessarily dispose of this contention, we -shall not consider it. The questions necessary to be considered in determining this case are: First, Does paragraph 1, of Section 13, Chapter 97, of the Session Laws of 1905, apply with equal force to steam, electric and other railways; and, second, does the…
2Cases cited8 opinions
- Massachusetts Loan & Trust Co. v. HamiltonCourt of Appeals for the Ninth Circuit · 1898
- Pennsylvania R. R. v. Braddock Electric Ry. Co.Supreme Court of Pennsylvania · 1893
- Mayor of Baltimore v. CowenCourt of Appeals of Maryland · 1898
- Jerman's Adm'r v. BentonSupreme Court of Missouri · 1883
- Central Passenger Railway Co. v. Philadelphia, Wilmington & Baltimore RailroadCourt of Appeals of Maryland · 1902
3 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Gibbons & Reed Company v. Bureau of RevenueNew Mexico Supreme Court · 1969