Any person found guilty of violating the provisions of this act [67-8-1, 67-8-2 NMSA 1978] shall be fined in a sum not less than $50.00, and shall be liable for the damages sustained to any person injured by reason of the failure to comply with the provisions of this act. History: Laws 1923, ch. 34, § 2; C.S. 1929, § 64-1402; 1941 Comp., § 58-702; 1953 Comp., § 55-7-2. ANNOTATIONSState highway department (now departmentment of transportation) is not a 'person' within the meaning of this section. Rapp v. New Mexico State Hwy. Dep't, 1975-NMCA-004, 87 N.M. 177, 531 P.2d 225. Am. Jur. 2d, A.L.R. and C.J.S. references. — 39 Am. Jur. 2d Highways, Streets and Bridges §§ 88, 100. Highways: governmental duty to provide curve warnings or markings, 57 A.L.R.4th 342. 40 C.J.S. Highways § 248.
New Mexico Legal Code