City of Raton v. Pollard
Court of Appeals for the Eighth Circuit
In ICrror to the District Court of the United States for the District of New Mexico; Colin Neblett, judge. Action by J. W. Pollard, Sr., against the City of Raton. Judgment for plaintiff, and defendant brings error. Judgment was recovered against Hie city of Baton, N. M., for personal injuries sustained by defendant in error.
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In ICrror to the District Court of the United States for the District of New Mexico; Colin Neblett, judge. Action by J. W. Pollard, Sr., against the City of Raton. Judgment for plaintiff, and defendant brings error. Judgment was recovered against Hie city of Baton, N. M., for personal injuries sustained by defendant in error. His claim was based upon alleged negligence of the city in failing to keep a bridge in one of its public si reefs and the approaches to it in proper repair. The questions in the case all relate to the existence of a public street at the place of the accident. It was…
1Opinion of the CourtMunger, District Judge
(after stating the facts as .above). [1] The plaintiff in error claims error because the court refused a peremptory instruction in favor of the city. It claims 'that the evidence was not sufficient to show a public street at this place, because it did not show that the city had ever accepted it by some affirmative act of its officers recognizing it as a street of the city. It then maintains thát such an acceptance is necessary under the statutes of New Mexico. It is unnecessary to set out the statutes. They clothe the city of Raton with the usual broad power^ of municipal corporations to…
2Cases cited34 opinions
- Northern Pacific Railway Co. v. TownsendSupreme Court of the United States · 1903
- Polly v. McCallSupreme Court of Alabama · 1860
- Illinois Central Railroad v. HoughtonIllinois Supreme Court · 1888
- Wooldridge v. CoughlinWest Virginia Supreme Court · 1899
- Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. Town of Crown PointIndiana Supreme Court · 1898
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3Cited by2 opinions
- Chesapeake & Ohio Canal Co. v. Great Falls Power Co.Supreme Court of Virginia · 1925
- Seaboard Air Line Railway Co. v. Board of Bond Trustees of Special Road & Bridge District No. 1Supreme Court of Florida · 1926