Supreme Court of New Mexico

Decision Information

Citations - New Mexico Appellate Reports
Springer Transfer Co. v. Albuquerque - cited by 83 documents

Decision Content

SPRINGER TRANSFER CO. V. BOARD OF COMM'RS, 1940-NMSC-040, 44 N.M. 413, 103 P.2d 133 (S. Ct. 1940)

SPRINGER TRANSFER COMPANY, A Corporation, Plaintiff and
Appellant,
vs.
The BOARD OF COUNTY COMMISSIONERS of the COUNTY OF
BERNALILLO, New Mexico, Defendant and Appellee

No. 4446

SUPREME COURT OF NEW MEXICO

1940-NMSC-040, 44 N.M. 413, 103 P.2d 133

May 28, 1940

Appeal from District Court, Bernalillo County; Thomas J. Mabry, Judge.

COUNSEL

W. A. Keleher and Theo. E. Jones, both of Albuquerque, for appellant.

Owen B. Marron and Donald B. Moses, both of Albuquerque, for appellee.

JUDGES

Bickley, C.J., and Brice, Zinn, and Sadler, JJ., concur. Mabry, J., did not participate.

OPINION

{*413} {1} This is a companion case to Springer Transfer Company v. City of Albuquerque, 44 N.M. 407, 103 P.2d 129, and is an appeal from a judgment of the district court in the same suit.

{2} The liability of the appellee depends upon whether the underpass, which was the subject of the litigation in the case of Springer Transfer Company v. City of Albuquerque, supra, was a part of a state highway. We held under the facts of that case, and likewise hold under the facts of this case, that the underpass was no part of a state highway; therefore, the appellee is not liable to damages resulting from its construction.

{3} It follows that the judgment of the district court in dismissing as to the defendant {*414} Board of County Commissioners is correct and should be affirmed.

{4} It is so ordered.

 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.