No person or persons, and no industrial corporation not incorporated as a common carrier under the laws of this or some other state, and not holding himself, or itself, out as such common carrier, owning or operating industrial railroad tracks in connection with any industry in this state, shall be held or construed to be a common carrier by virtue of, or because of, the hauling of materials or supplies for others upon such industrial tracks, either free or under private contract for compensation for such service, and any and all contracts made for such service shall be lawful.
History: Laws 1921, ch. 191, § 1; C.S. 1929, § 116-801; 1941 Comp., § 74-340; 1953 Comp., § 69-3-42.
Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
Cross references. — For private contracts of railroad without liability as common carrier, see 63-4-9 NMSA 1978.
Structure New Mexico Statutes
Chapter 63 - Railroads and Communications
Article 3 - Operation and Regulations Generally
Section 63-3-1 - [Schedules; accommodations; persons who may be refused transportation.]
Section 63-3-2 - [Damages in case of refusal of transportation.]
Section 63-3-3 to 63-3-5 - Repealed.
Section 63-3-6 - [Injury to passenger; contributory negligence; insufficient room.]
Section 63-3-7 - [Baggage checks; refusal to furnish; nondelivery of baggage; damages.]
Section 63-3-8 - [Unclaimed baggage; sale after three months' period; proceeds of sale.]
Section 63-3-9 to 63-3-22 - Repealed.
Section 63-3-25 - [Fireguards; plowing; burning of vegetation; notice.]
Section 63-3-26 - [Failure to maintain fireguard; penalty; enforcement.]
Section 63-3-27 - [Fireguard made under direction of county commissioners; expenses.]
Section 63-3-28 - [Actions for damages by fire; limitation.]
Section 63-3-29 to 63-3-32 - Repealed.
Section 63-3-33 - [Failure of district attorney to act; prosecution by attorney general.]
Section 63-3-34 - Bell to be rung at highway crossings.
Section 63-3-35 - [Highway crossings; definitions.]
Section 63-3-36 - Construction and maintenance of highway crossings.
Section 63-3-37 - Separation of grade crossing; determination; cost.
Section 63-3-38 - Maintenance of grade crossing.
Section 63-3-39 - [Industrial railroads; hauling for others; not considered common carrier.]