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LE DOUX v. MARTINEZ

No. 5537.

254 P.2d 685 (1953)

57 N.M. 86

LE DOUX et ux. v. MARTINEZ et al.

Supreme Court of New Mexico.

March 12, 1953.

Attorney(s) appearing for the Case

Harry L. Bigbee and Donnan Stephenson, Santa Fe, for appellants.

F.A. Catron and Thomas B. Catron III, Santa Fe, for appellee.

COMPTON, Justice.

We are called on to construe our wrongful death statute, Sec. 24-104, New Mexico Statutes Annotated, 1941 Comp., as amended Ch. 125, Sec. 1, L. 1947. The part material to a decision, reads:

"Whenever any person shall die from any injury resulting from, or occasioned by the negligence, unskillfulness or criminal intent of any officer, agent, servant or employee, whilst running, conducting or managing any locomotive, car, or train of cars...

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