[Damages in case of refusal of transportation.]

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In case any railroad corporation shall refuse to transport persons or property as provided in the preceding section [63-3-1 NMSA 1978], or to leave the same at the place of destination, it shall pay to the party aggrieved all damages he or she shall sustain thereby.

History: Laws 1878, ch. 1, ch. [tit.] 8, § 5; C.L. 1884, § 2672; C.L. 1897, § 3863; Code 1915, § 4709; C.S. 1929, § 116-310; 1941 Comp., § 74-302; 1953 Comp., § 69-3-2.

ANNOTATIONS

Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 13 Am. Jur. 2d Carriers §§ 251 to 254; 14 Am. Jur. 2d Carriers §§ 862, 863.

Liability of carrier for ejection of passenger who boarded train mistakenly, due to misinformation as to its destination, 8 A.L.R. 1183.

Right to recover for mental pain and anguish resulting from being carried by station, apart from other damages, 23 A.L.R. 389, 44 A.L.R. 428, 56 A.L.R. 657.

Carrier's liability to passenger for consequences of ejection or threatened ejection by one employee due to fault of another employee, 36 A.L.R. 1018.

Liability of carrier responsible for passenger leaving train at station other than his destination, 118 A.L.R. 1327.

13 C.J.S. Carriers §§ 232, 233 281, 357, 372; 74 C.J.S. Railroads § 447.


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