Sais v. City Electric Co.

Citations

• 26 N.M. 66
• 188 P. 1110

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. In actions for personal injuries alleged to have resulted from defendant’s negligence, the defendant may prove, under his general denial, that the wrong, was caused by the negligence of third persons. Held, that therefore an answer denying the negligence and setting up the negligence of third parties as the proximate cause of the injury was argumentative and not new matter, and consequently no reply thereto was necessary. Held, further, that rendition of judgment on the pleadings was erroneous in that issue was joined by the general denial. P. 67</p> <p>2. The court will notice, without exception or presentation, jurisdictional and other matters which may render a case inherently and fatally defective and require a reversal. P. 68</p>