Brobst v. El Paso & Southwestern Co.

Citations

• 19 N.M. 609

Syllabus

<p>SYLLABUS BY THE COURT,.</p> <p>1. Assignments of error not argued in appellant’s brief,, are deemed to have been waived.</p> <p>P. 610-</p> <p>2. In a suit for damages on account of alleged assault by an officer or special agent employed by a’railway company, at its station, by a person rightfully at such station but in an intoxicated condition, a requested instruction that “the fact that Mark Johnson was an officer and: special agent of the defendant would not require him to: submit to an assault by the plaintiff but he had the right to repel any assault which the plaintiff may have made: or attempted to make with all the force which under the circumstances and conditions seemed necessary to him,” is. properly refused, as it does not correctly state the law, in that it fails to impose upon the assaulted party the duty .of acting in good faith and as a reasonably prudent man, under such circumstances would act, using no more force than is necessary to repel the force, which is being used against him.</p> <p>P. 611</p>