Reagan v. El Paso & Northeastern Railway Co.

Citations

• 15 N.M. 270
• 106 P. 376

Syllabus

<p>SYLLABUS.</p> <p>1. Before a plaintiff can recover lie must prove his case.</p> <p>2. Negligence may not be inferred from the mere fact that stock have been killed' or injured by a railroad train. Negligence must be alleged and proved.</p> <p>3. It is within the power of persons, under C1., L. 1897, Sec. 242, whose stock has been injured to shift the burden of proof to the railroad by a ninety day notice of claim to a station agent in the county.</p>