Di Palma v. Weinman
New Mexico Supreme Court
Appeal from the District Court for Bernalillo County, before Ira A. Abbott, Associate Justice. The jury should not have been permitted to consider the evidence with reference to the damaged goods. DiPalma v. Weinman, 13 N. M. 226; 15 N M. 68. Actual damages must be actually proved and cannot be assumed as a legal inference. MeSherry Co. v. Dowagiac Co., 160 Fed. 94-8; Seymour v. McCormick, 16 Howard 480; Philip v. Nock, 17 Wall. 462; Railway Co. v. Mfg.
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Appeal from the District Court for Bernalillo County, before Ira A. Abbott, Associate Justice. The jury should not have been permitted to consider the evidence with reference to the damaged goods. DiPalma v. Weinman, 13 N. M. 226; 15 N M. 68. Actual damages must be actually proved and cannot be assumed as a legal inference. MeSherry Co. v. Dowagiac Co., 160 Fed. 94-8; Seymour v. McCormick, 16 Howard 480; Philip v. Nock, 17 Wall. 462; Railway Co. v. Mfg. Co., 44 S. E. 893; Mineral Springs Co.*v. Kuhn, 91 N. W. 510; Coal Co. v. Hartman, 111 Fed. 102; Boston R. R. v. O’Reilly, 158 IT. S. 334;…
1Opinion of the Court
OPINION OP THE COURT.
MECHEM, J.
This is the third time this case has been before this court: Di Palma v. Weinman, 13 N. M. 226; 82 Pac. 360; 103 Pac. 782, 15 N. M. 68. The caso was reversed the last time because of a lack of evidence to prove loss of net profits, loss on damaged goods and for an erroneous instruction as to interest. 103 Pac. 782; 15 N. M. 68. 1. On tire question of lack of evidence to establish loss of profits this court said: “There is, however, no evidence of loss of profits, except the bald statement of the witness, Ruppe, as to the net profits per month during-the time he…
2Cases cited9 opinions
- The ConquerorSupreme Court of the United States · 1897
- Stillwell & Bierce Manufacturing Co. v. PhelpsSupreme Court of the United States · 1889
- Central Coal & Coke Co. v. HartmanCourt of Appeals for the Eighth Circuit · 1901
- De Palma v. WeinmanNew Mexico Supreme Court · 1909
- Union Pac. R. v. LucasCourt of Appeals for the Eighth Circuit · 1905
4 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Sanchez v. MartinezNew Mexico Court of Appeals · 1982
- Gonzales v. RiveraNew Mexico Supreme Court · 1933
- Sanchez v. Securities Acceptance Corp.New Mexico Supreme Court · 1953
- McKinney v. SmithNew Mexico Supreme Court · 1958
- Neeson v. Sangamon County Mining Co.Illinois Supreme Court · 1925
7 more not listed; retrieve them via the Exa API.