Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1916-05-01
LEGAL GR|ST IS
GROUND OUT BY
SUPREME COURT
Several Cases of Importance
Handed Down by High Tri-
bunaIi Motions for Rehear-
ing Are Denied by Judges,


isrrei.L eosnrsrospsser 70 sosslmc JOURNAL,
santa Fe, April s0--The following
decisions We're rendered by the SUI
preme court yesterday;
Thomas n wilkerson. appellee VS..
from Barnalillo county Motion for
rehearing denied.
Ration Water Works company,
plaintiff in error, VS.. the City of RAJ
ton, defendant in error. From colfaS
county.
This is upon the motion OF de-
PENDANT in error to strike from the
files the assignment Of errors and TO
affirm the Judgment of the district
court on the grounds that errors are
in some instances mutifarious. in 9TH
ers too general and that all are defec-
tive, etc. Motion to affirm denied
syllabus by the Court.
I. Held, that section 449o. Code 1915,
does not authorize dismissal of cases
and affirmance of judgment because
of effectively stated assignment of er-
rors, but only where assignment of
errors have not been filed on or be-
fore the return day.
Opinion by Parker. j.; Hanna. j.,
and Michem, d. j., concurring
Hilda Ederstein, appellant, VS.. A. I.
n s. r Railway company, appellee
Valencia county.
The appellant brought suit on the
contract of carriage, to-wit, bill of
lading for $s72.sO damages for the loss
Of trunk forwarded by freight from
Belen, n. NJ, to Santa Barbara, Calf,
in December, 1913. From a Judgment
for $26, in favor Of appellant this APP
peal is taken by her. Judgment af-
firmed.
Syllabus by the Court.
l. Where the appellant alleges that
an Interstate shipment was made by
her agent, she is not in position TO
question the authority OF the agent
to place upon the same released
valuation limiting the liability of the
carrier.
.. Where appellant fails to question
findings and conclusions by the trial
court, and fails to call attention TO
he omission, such omission is not
iyailahle here.
3. A shipper of an interstate ship
nent is conclusively presumed to
chow the shipping rate according to
he printed and posted tariffs filed
With the Interstate Commerce COM
and that rate authenticity
attaches to each shipment according
o the declared value there.
4. A limitation OF liability of an
interstate carrier, based upon the de-
Jared value Of shipment. is not a
contract exempting the carrier from
Is own negligence.
opinion by Parker, j.. Roberts, c.
T.. and Hanna, j., concurring.
NJ. r. Moriarty. appellant, VS.. Jul |
us Meyer, eft al, appellees. Berna-
lilo county.
This is an appeal from the district !
court of Bernalillo county from a |
Judgment on action in replevin to re-
cover q bankers safe. Judgment Of
The court below affirmed.
syllabus by the Court.
/ corporation is not liable on |
contracts made by its promo
ters before it is Incorporated, in |
The absence Of an adoption thereof, |
by it.
2. An adoption by corporation of |
contracts made in its behalf by pro-
motors before it's Incorporation may |
be express or implied. Where the
receives the beneflts
thereof. with full knowledge of the
facts, and implied adoption by way OF
takes place.
3. Whether the doing Of certain acts
by an officer Of a corporation, AFTER
its incorporation was with intent TO
ADOPT the promoters contract or not
is a question of fact for the determ-
nation of the jury.
a. When the findings of the tflal I
court are supported by substantial eV-
dence, the same will not he as
turbed on appeal Opinion by Parker /
j., Roberts, c. j., concurring' Hahh"'
j., not participating.
The New Mexico-Colorado eoal
and Mining company, corporation
plaintiff in error. VS.. J. X. Baker CT
al, defendants in error, on mouon
for rehearing. Rehearing denied.
An objection made in this court 10
the action of the trial court IN m
structing a jury after argument can
not be entertained where the ques-
ton was first raised in the motion
for a new trial. and no request was
made in the trial court, that the jury
be instructed before argument an" !
no objection or exception was maui
or taken to the action OF the cou''
in instructing the jury after argument
is. /