Chicago, Rock Island & El Paso Railway Co. v. Wertheim

Citations

• 15 N.M. 505
• 110 P. 573

Syllabus

<p>SYLLABUS (BY THE COURT.)</p> <p>1. Denial upon information and belief of matters necessarily within the knowledge of the pleader is not permissible.</p> <p>2. In a suit against a railroad company a denial by such company upon information and belief that it was operating a railroad at the time and place alleged being a matter necessarily within defendant’s knowledge, raises no such issue upon the pleadings as will admit testimony that it was not operating such railroad over an objection that such testimony was not admissible under the pleadings.</p>