New Mexico state record. (Santa Fe, N.M.) 1914-19??, 1921-11-04
ROADS NOT LIABLE
FOR ACTS OF SERVANTS
OF RAILROAD DIRECTOR

Railroad companies whose lines
the railroad administration establish
and facilities were taken over by
ed by the president in December, 1917,
under the act of congress, were not
liable for the acts of omission or COM
mission of the agents and servants
of the director general in operating
such railroads"
This is the decision of the New
Mexico supreme court as expressed
| in an opinion by Chief Justice Rob-
erts and concurred IN by Justices
Parker and Reynolds. It was the last
opinion by Chief Justice Roberts be-
fore his resignation became effective.
and he retired to private life. In
SO holding, the supreme court rev.
ersed the Judgment OF the district
court in Chaves county in the case
of the Diamond X Land and cattle
company, appellee, versus the Direc-
tor General of railroads and the Atch-
ison, Topeka and Santa Fe Railway
company, appellants. The instruc-
tions are to dismiss as to the rail-
road company.
The cattle company instituted suit
to recover damages for injuries to
livestock shipped from a Santa Fe
station in eastern New Mexico to
Interior, s. D. The several other
shippers involved their claims to the
plaintiff the cattle company, and all
claims were Joined and were includ-
ed in the judgment of the district
court. Upon the verdict of the jury
the court awarded a judgment in the
sum of $4,000 in favor of the ship
pers.
In addition 10 the finding that rail-
road companies are not to be held
responsible for the acts OF agents and
servants of the director general, the
supreme court has laid down other
important rules affecting the trans
. portation OF livestock by common car
riers. The opinion follows:
81. In the absence of special con-
tract, the market value OF property
at the place of delivery or location
controls if there was such value there
on the day in question.
~. Market value, where such eX
: lists. affords the most satisfactory evi
dence. but value may be established
= Notwithstanding that no market valu'
= exists.
"3. In the absence of an offer o
. proof, action of the trial court in ex
cluding evidence cannot be attacked
on appeal.
- Where requested instruction.
have been covered by the courts
charge to the jury, there is no erro
in refusing them.
IS. The duty devolves upon tn
e shipper, where such shipment is ac
, companied by caretakers, to feed an'
D water such animals, il the railroa'
company stops its trains at suitable
/. places and affords an opportunity o
q so doing to the shipper, and eve'
though the railroad company may un
= load the animals for the purpose o
e feeding and watering the same wher
y facilities for such purpose do not ex
ist. il is the duty of the shipper Z
render such assistance as is possibl
: in caring for the animals and init
= igating the damage which may b
sustained.
i. "6. Railroad companies whose line
4 and facilities were taken over by tn
e railroad administration established b
u the president in December, 1917, un
: der the act of congress, were not liza
v bic for the acts of omission or com
mission Of the agents and servants o
: the director general in operating sue
lra;troads"