New Mexico § 41-2-4 - Death caused by railroad, stage coach or public conveyance; action for damages; defense
Full text of New Mexico New Mexico Statutes Annotated § 41-2-4 — Death caused by railroad, stage coach or public conveyance; action for damages; defense, with citation guidance and answers to common questions.
§ 41-2-4. Death caused by railroad, stage coach or public conveyance; action for damages; defense
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, or of
any driver of any stage coach or other public conveyance, while in charge of the same
as driver; and when any passenger shall die from injury resulting from or occasioned
by any defect or insufficiency in any railroad or any part thereof, or in any locomotive
or car, or in any stage coach or other public conveyance, the corporation, individual
or individuals, in whose employ any such officer, agent, servant, employee, engineer
or driver, shall be at the time such injury was committed, or who owns any such railroad,
locomotive, car, stage coach or other public conveyance, at the time any injury is
received resulting from or occasioned by any defect, insufficiency, negligence, unskillfulness
or criminal intent above declared, shall be liable in damages compensatory and exemplary,
for such sum as a jury may deem fair and just, taking into consideration the pecuniary
injury or injuries resulting from such death to the surviving party or parties entitled
to the judgment or any interest therein, recovered in such action and also having
regard to the mitigating or aggravating circumstances attending such defect or insufficiency,
which may be sued and recovered; first by the husband or wife of the deceased; or
second, if there be no husband or wife, or if he or she fails to sue within six months
after such death then by the minor child or children of the deceased; or third, if
such deceased be a minor and unmarried, then by the father and mother; or fourth,
if the deceased has reached the age of majority and is unmarried, by a dependent father
or mother or dependent brother or sister, who may join in the suit; and each shall
have an equal interest in the judgment; or if either of them be dead, then by the
survivor. In the event there are no such persons entitled to sue or in the event suit is not
brought by any such persons within nine months after such death, suit may be brought
by the personal representative or representatives of such deceased person.
Source: official New Mexico text · Last verified 2026-08-27
Frequently Asked Questions About New Mexico § 41-2-4
What does New Mexico Statutes Annotated § 41-2-4 cover?
Section 41-2-4 ("Death caused by railroad, stage coach or public conveyance; action for damages; defense") is part of the New Mexico Statutes Annotated, the codified statutory law of New Mexico. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite New Mexico § 41-2-4?
A common citation format is "New Mexico Statutes Annotated § 41-2-4" (New Mexico). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of New Mexico law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the New Mexico official source linked on this page or consult a licensed New Mexico attorney.
How does New Mexico § 41-2-4 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in New Mexico can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in New Mexico.