GARCIA v. SOUTHERN PACIFIC COMPANY

No. 8493.

442 P.2d 581 (1968)

79 N.M. 269

Arsenio GARCIA, Plaintiff-Appellee, v. SOUTHERN PACIFIC COMPANY, a corporation, Defendant-Appellant.

Supreme Court of New Mexico.

Rehearing Denied July 9, 1968.


Attorney(s) appearing for the Case

White, Gilbert, Koch & Kelly, Santa Fe, for appellant.

Lorenzo A. Chavez, Melvin L. Robins, Albuquerque, Manford Rainwater, Tucumcari, for appellee.


OPINION

CARMODY, Justice.

Plaintiff, in this FELA case (45 U.S.C., § 51 et seq.), recovered judgment for $35,000.00, based upon the jury's verdict, and the defendant railroad appeals.

Three questions are raised: (1) failure to submit contributory negligence to the jury, (2) receipt in evidence of mortality tables and an instruction as to their use as being error because there was no substantial evidence...

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