BOURGUET v. ATCHISON, TOPEKA & SANTA FE RAILROAD

No. 6387.

334 P.2d 1107 (1958)

65 N.M. 200

Jeff BOURGUET, Plaintiff-Appellant, v. ATCHISON, TOPEKA & SANTA FE RAILROAD, a corporation, Defendant-Appellee.

Supreme Court of New Mexico.

December 31, 1958.


Attorney(s) appearing for the Case

McAtee, Toulouse & Marchiondo, Lorenzo A. Chavez, Arturo G. Ortega and Melvin L. Robins, Albuquerque, for appellant.

B.G. Johnson, R.G. Cooper, Albuquerque, for appellee.

George L. Reese, Jr., Carlsbad, amicus curiae.


McGHEE, Justice.

This appeal is from a judgment based upon what is commonly referred to as the Federal Employers' Liability Act, 45 U.S.C.A. §§ 51-60.

The appellee filed a motion to dismiss the appeal upon the ground that the District Court of Bernalillo County was without jurisdiction to hear and determine the case because of the provisions of Chapter 43, Laws of 1947 (§ 16-1-7 N.M.S.A., 1953), as follows:

"No court of the state of...

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