New Mexico § 41-2-4 - Death caused by railroad, stage coach or public conveyance; action for damages; defense

§ 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.