Every railroad corporation shall start and run its cars for the transportation of persons and property at such regular times as it shall fix by public notice, and shall furnish sufficient accommodations for all such persons and property as shall, within a reasonable time previous thereto, offer or be offered for transportation at the place of starting and the junction of other railroads and stopping places established for taking and leaving persons and property, and shall transport between such places all such persons and property on the payment of its lawful charges therefor: provided, such corporation may decline to receive any person afflicted with any contagious disease, or otherwise unfit to be admitted into its cars.

History: Laws 1878, ch. 1, ch. [tit.] 8, § 4; C.L. 1884, § 2671; C.L. 1897, § 3862; Code 1915, § 4708; C.S. 1929, § 116-309; 1941 Comp., § 74-301; 1953 Comp., § 69-3-1.

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

Cross references. — For ticket fraudulently obtained at discount, fourth degree felony, see 30-16-13 NMSA 1978.

For registration for transportation of alcoholic liquors, see 60-6A-13 NMSA 1978.

For unlawful transportation of alcoholic liquors, see 60-7A-3 NMSA 1978.

For cotton shipping regulations, see 76-14-3 to 76-14-7 NMSA 1978.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 13 Am. Jur. 2d Carriers §§ 235 to 250; 14 Am. Jur. 2d Carriers §§ 859 to 870; 65 Am. Jur. 2d Railroads § 345.

Duty of carrier to deliver goods on siding or private track of consignee, 1 A.L.R. 1425.

Rights as passenger of child traveling free of charge, 1 A.L.R. 1452.

Liability of railroad for delivery of goods to one whose authority to act for consignee has ceased, 2 A.L.R. 279.

Evidence of right to free transportation on public conveyance, 3 A.L.R. 387.

Liability for injury to passenger by articles belonging to carrier on the floor or in the aisles, 3 A.L.R. 640, 12 A.L.R. 1366.

Duty to notify consignor when consignee, or person to be notified, refuses to accept goods, 4 A.L.R. 1285.

Duty of carrier as to suitability, condition or equipment of cars furnished by shipper, 5 A.L.R. 108, 72 A.L.R. 885.

Right of passenger who has been ejected to reenter car or train, 5 A.L.R. 352.

Carrier's liability for misinformation as to running and destination of train, 8 A.L.R. 1183.

Carrier's duty to passenger while train is going through tunnel, 9 A.L.R. 96.

Casual or temporary condition of station or its approaches causing injury, 10 A.L.R. 259.

Shortage of cars as affecting liability of carrier for failure to furnish cars, 10 A.L.R. 342.

Liability of carrier for assault by or other misconduct of news agent, 10 A.L.R. 723.

Liability for injury to passengers by sparks or cinders, 11 A.L.R. 1076.

Recovery by passenger for physical consequences of freight resulting in physical injury, 11 A.L.R. 1119, 40 A.L.R. 983, 76 A.L.R. 681, 98 A.L.R. 402.

Insanity of passenger as ground for ejection, 12 A.L.R. 242.

Liability of carrier, for injury to one whom employee, in violation of instructions, permits to ride on train, 14 A.L.R. 151, 62 A.L.R. 1167, 74 A.L.R. 163.

Liability of carrier when passenger misled by inaccuracy of timepiece maintained by carrier, 14 A.L.R. 701.

Status of passenger in ordinary coach who enters Pullman coach for temporary purpose, 18 A.L.R. 71.

Acts of employee, in procuring warrant or aiding prosecution, as within scope of employment so as to render carrier liable for malicious prosecution, 18 A.L.R. 413.

Duty of railroad to operate side and switch tracks and spurs, 18 A.L.R. 722.

Liability to passenger due to obstruction of aisle or platform by property of another passenger, 19 A.L.R. 1372.

Duty and liability of carrier as to "step box" or other device to facilitate entering and leaving car, 20 A.L.R. 914.

Right to damages because of abandonment of depots and stations, 23 A.L.R. 555.

Delivery without collecting charge as stipulated or directed as affecting liability, 24 A.L.R. 1163, 78 A.L.R. 926, 129 A.L.R. 213.

Liability for injury to passenger by car door, 25 A.L.R. 1061, 41 A.L.R. 1089.

Liability of carrier for delay, or damages incident to delay, in transportation, due to strike, 28 A.L.R. 503, 45 A.L.R. 919.

Duty of carrier to guard young children against danger of falling from car, 28 A.L.R. 1035.

Independent contractor's acts or omissions causing injury to passenger, 29 A.L.R. 783.

Liability for injury to passenger by car window, 29 A.L.R. 1262, 45 A.L.R. 1541.

Duty of carrier to render special service to protect goods en route when not provided for by published tariffs, 32 A.L.R. 111.

Duty of carrier to receive freight on or along a private switch, spur or siding, 32 A.L.R. 193.

Duty of carrier as to heating of cars, 33 A.L.R. 168.

Liability of carrier to passenger for conditions on roadway or at stations of another carrier over whose line it detours, 33 A.L.R. 820.

Duty and liability to passenger temporarily leaving train, 35 A.L.R. 757, 61 A.L.R. 403.

Attractive-nuisance doctrine as applied to depots and stations, 36 A.L.R. 241, 39 A.L.R. 486, 45 A.L.R. 982, 53 A.L.R. 1344, 60 A.L.R. 1444.

Liability for injury to passenger while passing through turnstile, door or gate, 40 A.L.R. 828.

Liability for personal injury to passenger in Pullman car, 41 A.L.R. 1397.

Duty of railroad to keep trespassing children from getting on cars, 43 A.L.R. 38.

Delay in transportation or delivery as affecting carrier's liability for loss of, or damage to, goods by act of God, 46 A.L.R. 302.

Liability for injury to passenger due to construction of floor of car on different levels, 48 A.L.R. 1424.

Liability to passenger for failure to keep trains on schedule, 52 A.L.R. 1332.

Liability of carrier for delivery by carrier to impostor, 54 A.L.R. 1330.

Duty and liability of carrier as to assisting passenger to board or alight from car or train, 55 A.L.R. 389, 59 A.L.R. 940.

Liability of carrier or other bailee because of misinformation as to time or place of arrival or storage of goods, 56 A.L.R. 1382.

Liability of proprietor or operator of private railroad for injury to one other than employee riding thereon, 57 A.L.R. 818.

Carrier's liability for injury to passenger by heating apparatus, 58 A.L.R. 692.

Duty of carrier as to notifying passenger of approach to or arrival at destination, 58 A.L.R. 1064.

Liability of one not named as consignor or consignee for freight on goods delivered to and accepted by him, 61 A.L.R. 422.

Right of shipper or consignee to divert shipment, 61 A.L.R. 1309.

Jurisdiction of state court of action for failure to furnish cars for interstate shipment, 64 A.L.R. 351.

Custom as standard of care, 68 A.L.R. 1401.

Improper packing or preparation of goods for shipping as affecting carrier's liability, 81 A.L.R. 811.

Duty and liability of carrier toward one accompanying departing passenger or present to meet incoming one, with respect to conditions at or about station, 92 A.L.R. 614.

Remedy as against carrier, or consignor or consignee, who wrongfully refuses to accept goods and pay freight because of damages for which carrier is responsible, 96 A.L.R. 774.

Presumption as to carrier's responsibility for perishable goods received in good condition and delivered to consignee in bad condition, 106 A.L.R. 1164.

Changed conditions as affecting duty, or enforcement of duty, as to maintenance of stations imposed upon railroad by charter or statute, 111 A.L.R. 57.

What constitutes delivery of freight to carrier, 113 A.L.R. 1459.

When relation of carrier and passenger commences as between railway company and one intending to take train or car not at a regular stopping place, 116 A.L.R. 756.

Liability of carrier for injury to passenger as result of ice, snow or rain on exposed or interior portions of car, 117 A.L.R. 522.

Duty of carrier to discover abnormal condition of passenger, 124 A.L.R. 1428.

Carrier's liability for injury to passenger due to rushing or crowding of passengers, 155 A.L.R. 634.

Contributory negligence in entering dark place on familiar railroad car, 163 A.L.R. 613.

Carrier's liability to person in street or highway for purpose of boarding its vehicle, 7 A.L.R.2d 549.

Defense to cause of action based upon violation of statute imposing duty on railroad, 10 A.L.R.2d 853.

Liability for injury to customer or patron from defect in or fall of seat, 21 A.L.R.2d 420.

Carrier's liability for conversion by delivery in violation of provision in bill of lading prohibiting or limiting consignee's right to inspect goods shipped, 25 A.L.R.2d 770.

Contributory negligence of physically handicapped or intoxicated person in boarding or alighting from standing train or car, 30 A.L.R.2d 334.

Duty of railroad to children walking longitudinally along railroad tracks or right-of-way, 31 A.L.R.2d 789.

Attempt to board moving car or train as contributory negligence or assumption of risk, 31 A.L.R.2d 931.

Deviation by carrier in transportation of property, 33 A.L.R.2d 145.

Duty of railroad to passengers to keep steps or vestibule of car free from debris or foreign substances other than snow or ice, 34 A.L.R.2d 360.

Carrier's liability to passenger injured by landslide or the like, 34 A.L.R.2d 831.

Liability of carrier to one injured by article thrown from conveyance by passenger, 35 A.L.R.2d 788.

Carrier-passenger relationship as between railroad and express company employees, 36 A.L.R.2d 1412.

Carrier's liability for loss through weight deficiency of goods shipped, 39 A.L.R.2d 325.

Railroad's liability for injury or damage from collision of road vehicle with train or car at place other than crossing, 44 A.L.R.2d 680.

Liability of carrier by land for damage to goods shipped resulting from improper loading, 44 A.L.R.2d 993.

Liability of landowner for injury or death of adult falling down unhoused well, cistern, mine shaft or the like, 46 A.L.R.2d 1069.

Carrier's liability to passenger injured while using washroom or lavatory facilities on conveyance, 50 A.L.R.2d 1071.

Carrier's liability as warehouseman for injury to or destruction of stored goods from floods, heavy rains or the like, 60 A.L.R.2d 1097.

Sleeping-car company's liability for ejection of passenger by employee, 60 A.L.R.2d 1115.

Contributory negligence of adult struck by train while walking or standing beside railroad track, 63 A.L.R.2d 1226.

Shipper's liability to carrier for damage to vehicle or to other cargo resulting from defects in shipper's containers, 65 A.L.R.2d 770.

Liability of carrier to passenger injured through fall of baggage or other object from overhead repository, 68 A.L.R.2d 667.

Liability of carrier by land for damage to goods resulting from improper packing by carrier, 7 A.L.R.3d 723.

Contributory negligence of child injured while climbing over or through railroad train blocking crossing, 11 A.L.R.3d 1168.

Validity and construction of stipulation exempting carrier from liability for loss or damage to property at nonagency station, 16 A.L.R.3d 1111.

Liability in connection with fire or explosion incident to bulk storage, transportation, delivery, loading or unloading of petroleum products, 32 A.L.R.3d 1169.

Liability for injury to or death of passenger from accident due to physical condition of carrier's employee, 53 A.L.R.3d 669.

Width or design of lateral space between loading platform and car entrance as affecting carrier's liability to passenger for injuries incurred from falling into space, 28 A.L.R.4th 748.

Liability of land carrier to passenger who becomes victim of third party's assault on or about carrier's vehicle or premises, 34 A.L.R.4th 1054.

Liability of land carrier to passenger who becomes victim of another passenger's assault, 43 A.L.R.4th 189.

Validity and construction of statute or ordinance specifically criminalizing passenger misconduct on public transportation, 78 A.L.R.4th 1127.

Validity, construction, and effect of § 102(a) of Railroad Revitalization and Regulatory Reform Act (49 USCS § 11501), 143 A.L.R. Fed. 347.

13 C.J.S. Carriers §§ 232, 233, 281, 354, 372; 74 C.J.S. Railroads § 419.