Durrett v. Chicago, R. I. & P. Ry. Co.

Citations

• 20 N.M. 114
• 146 P. 962

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Where a party signs a request to a ¡railroad company to continue a shipment of cattle in transit for not to exceed 3G hours, without consideration to the signer or detriment to the railroad company, he may revoke such request.</p> <p>P. U7</p> <p>2. Act of Cong. June 29, 1906, c. 3594, 34 Stat. 607 (U. S. Comp. St. 1913, § 8651), which fixes the time cattle can be kept in transit by the railway company at 28 hours, is not a grant of privilege to the carrier authorizing it to confine the stock for the period of time therein mentioned, irrespective of the question of negligence in so doing. The question of negligence is still left as at common law, notwithstanding the statute.</p> <p>P. 118</p> <p>3. Subsection 82 of section 2685, Comp. Laws 1897, authorizes the amendment of a complaint, at any time before final judgment, by adding the name of the party plaintiff.</p> <p>P. 119</p>