Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1909-10-09

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Territory *. rel. Mclean ". u. 1
r. O Ry. - y ", 425.
a & q, RS. vs.. u. & r. e. ny. /.
n NJ. 80.
cazicr y p. v q y, L. Ry. Co. 1.
y. ~. t3f.
Harris es r. V. & N f Ry co. -
Pae g5t.
Two u tho present Justices. Mr. Jus.
tlee &.tchem and Mr.. Justice Cooles
We're not members ~ the court wher
anf pt those cases were up for hear
ing and therefore they at least ought
To be eXoneraied without further
nearing Neither " them haa as get
participated in amy case IN the SUI
prem" codrt. which has been reported
at leaot. IN which n railroad com
rany has been "a party.
Nov q short analysis ~ the above
casfs show mat the first case named
haa been heard once by the supreme
court aa constituted under the CiaYe-
land administration, chief Justice
smith and Justices Collier. Hamilton.
ana Bantz, and aI the iaw of the case
practically settled before any Of he
present Judges were appointed (see
2 n NJ =. 40.
Tn only point decided Dy any IF
the present Judges ia This ease Was a.
u the liability OF the for th.
neglig nee of e fellow servant ana fhe
ruie WAS followed which has long sir &C.
been adopted by tho supreme r5urt
ef ihe United states and was therefore
binding dpon The courts OF New Mex
leo. 90 r.. NJ 1850 This IL the case
Nh"r" the 20 persons were killed bt
tn negligence complained of il was
M strictly speaking "a railroad case. as
tfs rersurls ktled were Llled by an
explosion Of gas in q coal mine caused
hy "a lighted lamp OF one OF the
miners.
me next three cases as web as the
SIN above enumerated. were cases
whef" the L. s. government and the.
- q X q. fty Co. were in litigation
oyer the right ~ the company 20 cut
certain timber. The railroad company
'lsinfd tn right 10 cut timber under
q grant from the government ana an
the questions decided were prciimin-
afN questions Of law except tho last
CASE IN II y. NJ. a.. and it follows
49, ENUfHf Dan IT, INV 4
W.. q =. S3 Fed. sss. which was bind |
~ ON thls court As II WAS rendered IN
Inc circuit court of appeals Of this
circuit on an appeal from tho supreme |
court Of New Mexico. reversing tho
y w Mexico "a as to what were adj
accent lands. the Very question al is-
sue. - = inc. Co. vs. Rossut 10 y. 81.
j@2. wa ID ease whore tho railroad
company WIS - garnisheo and claimed
mat goods In transit could not DO held |
~ Its hands. It WIS decided against the |
railroad company.
TERRITORY W. Santa FL PHc. RS. CO.
y NJ, 4t9 WAS "a tax clSs and IL
WAS held that "A judgment had already |
b'''n had In "a prior ease. 4. s. Trust
company vs.. Territory. \ y. NJ. G13t
ana affirmed by the supreme court
~" United states tTerritory W.. T. |
Trust company ~ L. 5 11f)
Romero rs. A.. 4. x :. T. Ity. CO. II |
\ u. c,a Is the oniy personal injury
case that has ever been decided hy |
resent Judges of the supreme court
or rather by some Of them. Justice
wrote The opinion which wa.
.roncurrel in by justices Parker and
M NiifA 81 NiAifNiAH AAAlfA- INrNAl+ /
Mills. before whom the case was tried |
question involved ls one Of law
!. q. whether an administrator az tho
'"ceased who is alleged to have been
Killed hy the negligence of tho serv-
ihts, employees ana agents of the rail-
company can recover under N,c-
ION 32l3 g T.. 1897. II wns held that
net suit could not be maintained by
administrator. This statute *
provides that u suit may Doe
maintained. first. hy the husband or
Niie ~ tho deceased second. by the
minor children OF the deceased. and
.hird. hy the father and mother II
lac deceased be g minor or unmarried
Tho decision IS manifestiv correct
ihd II the laws is M fault. the legis-
.ature ANA not the courts are 20 be
blamed.
Railroads Ns. Territory ~ y. NJ. G99
were three tax cases coming up 'FRONT.'
.irnut county. and consolidated ~
affirmed in part and reversed boo
part, that Is a part Of the tax att
Geo bc collected was held m-
and % part valid and Judgment
rendered therefor Tin. opinion rs h,
inkcr, A. J.. concurred in ty Justi,,%
NILS aud McFic. Mr.. Justice Parker
tried Ia, case in the lower court
Territory tx. r,l Mclean rs. u. x
r. g Ry. Co.. ~ y. NJ, 1926. was q test
ase 20 test Tho validity uf the cattle
md hide inspection law uf New Mex
The railroad company was merely
nominal party. it refusing Go accept
.ot shipment hides not inspected