Diamond X Land & Cattle Co. v. Director General of Railroads

Citations

• 27 N.M. 675
• 205 P. 267

Syllabus

<p>SYLLABUS BY THE COURT</p> <p>(1) In the absence of special contract, the market value of property at the place of delivery or location controls, if there was such value there on the day in question. . P. 678</p> <p>(2) Market value, where such exists, affords the most satisfactory evidence-, but value' may be established notwithstanding that no market value exists. P. 679</p> <p>(3) In the absence of an offer of proof, action of the trial- court in excluding evidence cannot be attacked on appeal. P. 679</p> <p>(4) Where requested instructions- have been covered by the court’s charge to the jury, there is no error in refusing them. ‘ P. 679</p> <p>(5) The duty devolves upon the shipper, where such shipment is accompanied by caretakers, to feed and water such animals if the railroad company stops its trains at suitable places and affords an opportunity of so doing to the shipper, and, even though the railroad company may unload the animals for the purpose of feeding and watering the same where facilities for such purpose do not exist, it is the duty of the shipper to render such assistance as is possible in caring for the animals and mitigating1 the damage which may be sustained. P. 680</p> <p>(6) Railroad companies whose lines and facilities were taken over by the railroad administration established by the President in December, 1917, under the act of Congress (U. S. Comp. St. § 1974a), were not liable for the acts of omission or commission of the agents and servants of the Director General in operating such railroads) P. 682</p>