If a passenger be injured while on the platform of any car, or while in any mail, express, baggage or freight car, or on the locomotive, or while his or her head, limbs or body is projected outside the window or door of any passenger car, in violation of the printed regulations of said corporation posted up at the time, in a conspicuous place inside of the passenger cars then in the train, or in violation of any verbal instructions given by any officer of the train, such passenger shall be deemed guilty of contributory negligence, and such corporation shall not be liable for such injury: provided, that there was, at the time, inside of its passenger cars, room sufficient for the accommodation of such passenger.

History: Laws 1878, ch. 1, ch. [tit.] 8, § 7; C.L. 1884, § 2674; C.L. 1897, § 3865; Code 1915, § 4711; C.S. 1929, § 116-312; 1941 Comp., § 74-304; 1953 Comp., § 69-3-6.

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

Law reviews. — For comment, "Bartlett Revisited: New Mexico Tort Law Twenty Years After the Abolition of Joint and Several Liability — Part One," see N.M. L. Rev. 1 (2003).

Am. Jur. 2d, A.L.R. and C.J.S. references. — 65 Am. Jur. 2d Railroads §§ 460 to 476.

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

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

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

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

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

Carrier's duty and liability to its passenger injured on platform or the like of station or terminal owned by another company, 41 A.L.R.2d 1286.

Width or design of lateral space between passenger 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.

75 C.J.S. Railroads §§ 943, 944.