Lutz v. Atlantic & Pacific Railroad
New Mexico Supreme Court
Error,, from a judgment for defendant, to the Second Judicial- District Court, Bernalillo County. Freeman, J., dissenting. The facts are stated in the opinion of the court.
1Opinion of the CourtSeeds, J.
This is an action of trespass on the case, brought by the plaintiffs in error against the defendant corporation, for the statutory damages for the negligent killing of the plaintiff’s (Ella Sykes’) former husband by the defendant. The declaration contains three counts. The first count declares upon the negligence of the fellow servants of the decedent, he being a conductor upon a freight train of the defendant. The second count declares upon the negligent, careless, and improper selection of the decedent’s fellow servants by the defendant, and the retention of said fellow servants in its…
2Cases cited11 opinions
- Milwaukee & Saint Paul Railway Co. v. KelloggSupreme Court of the United States · 1877
- Hough v. Railway Co.Supreme Court of the United States · 1880
- Randall v. Baltimore & Ohio RailroadSupreme Court of the United States · 1883
- Proctor v. Hann. & St. Joe. R. R.Supreme Court of Missouri · 1876
- District of Columbia v. McElligottSupreme Court of the United States · 1886
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3Cited by10 opinions
- Valdez v. GonzalesNew Mexico Supreme Court · 1946
- Ortega v. Texas-New Mexico Railway CompanyNew Mexico Supreme Court · 1962
- Wyldes ex rel. McLaughlin v. PattersonNorth Dakota Supreme Court · 1915
- Wilcox Ex Rel. Estate of Wilcox v. Homestake Mining Co.Court of Appeals for the Tenth Circuit · 2010
- Gutierrez v. Kent Nowlin Construction Co.New Mexico Court of Appeals · 1981
5 more not listed; retrieve them via the Exa API.