Supreme Court of New Mexico
Decision Information
Springer Transfer Co. v. Albuquerque - cited by 83 documents
Decision Content
SPRINGER TRANSFER CO. V. BOARD OF COMM'RS, 1940-NMSC-040, 44 N.M. 413, 103 P.2d 133 (S. Ct. 1940)
SPRINGER TRANSFER COMPANY, A
Corporation, Plaintiff and
Appellant,
vs.
The BOARD OF COUNTY COMMISSIONERS of the COUNTY OF
BERNALILLO, New Mexico, Defendant and Appellee
No. 4446
SUPREME COURT OF NEW MEXICO
1940-NMSC-040, 44 N.M. 413, 103 P.2d 133
May 28, 1940
Appeal from District Court, Bernalillo County; Thomas J. Mabry, Judge.
COUNSEL
W. A. Keleher and Theo. E. Jones, both of Albuquerque, for appellant.
Owen B. Marron and Donald B. Moses, both of Albuquerque, for appellee.
JUDGES
Bickley, C.J., and Brice, Zinn, and Sadler, JJ., concur. Mabry, J., did not participate.
OPINION
{*413} {1} This is a companion case to Springer Transfer Company v. City of Albuquerque, 44 N.M. 407, 103 P.2d 129, and is an appeal from a judgment of the district court in the same suit.
{2} The liability of the appellee depends upon whether the underpass, which was the subject of the litigation in the case of Springer Transfer Company v. City of Albuquerque, supra, was a part of a state highway. We held under the facts of that case, and likewise hold under the facts of this case, that the underpass was no part of a state highway; therefore, the appellee is not liable to damages resulting from its construction.
{3} It follows that the judgment of the district court in dismissing as to the defendant {*414} Board of County Commissioners is correct and should be affirmed.
{4} It is so ordered.