[Railroads constructed for special industry; private contracts without liability as common carriers.]

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The owner or owners of any line of railroad, not exceeding 60 miles in length, in the state of New Mexico, which has been or shall be constructed primarily for the purpose of carrying coal, lumber or the products of some other particular industry, may enter into private contracts for the carriage of persons or freight over such line of railroad without thereby becoming liable to control as common carriers or becoming subject to the obligations and duties of common carriers.

History: Laws 1921, ch. 200, § 9; C.S. 1929, § 116-409; 1941 Comp., § 74-409; 1953 Comp., § 69-4-9.

ANNOTATIONS

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

Cross references. — For industrial railroads, see 63-3-39 NMSA 1978.

Certificates of convenience and necessity. — This section does not apply to a railroad operating under certificate of convenience and necessity from interstate commerce commission. San Juan Coal & Coke Co. v. Santa Fe, San Juan & N.R.R., 1931-NMSC-039, 35 N.M. 512, 2 P.2d 305.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 13 C.J.S. Carriers § 2.


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