2021 New Mexico Statutes
Chapter 16 - Parks, Recreation and Fairs
Article 6 - State and County Fairs
Section 16-6-11 - [Corporate powers of fair commission.]
The members of the New Mexico state fair commission and their successors in office, shall constitute a body corporate under the name and style of the "New Mexico State Fair" with the right as such of sueing [suing] and being sued, of contracting and being contracted with, of making and using a common seal, and altering the same at pleasure.
History: Laws 1913, ch. 46, § 11; Code 1915, § 5015; C.S. 1929, § 127-110; 1941 Comp., § 48-2110; 1953 Comp., § 45-20-10.
ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
State fair's negligence liability. — The state fair was not immune from suit alleging its negligence in permitting an activity to be conducted on its premises which would result in a dangerous traffic condition developing on adjoining streets. Bober v N.M. State Fair, 1991-NMSC-031, 111 N.M. 644, 808 P.2d 614.
Constitutionality of county appropriations to commission or fair. — Though counties cannot, under N.M. Const., art. IX, § 14, make a donation to the state fair commission, a corporation, they may make appropriations with which to install displays at the state fair which, presumably, will be of benefit to the counties. 1915 Op. Att'y Gen. No. 15-1578.
Counties may appropriate money for constructing building in which to show exhibits installed by the counties at the state fair. 1915 Op. Att'y Gen. No. 15-1676.
Tort liability of fair and employees. — Though the state fair is a body corporate with right to sue and to be sued, liability for torts of its employees does not follow therefrom, but can only be imposed by a statute in clear and unambiguous language. 1941 Op. Att'y Gen. No. 41-3852 (opinion rendered prior to present Tort Claims Act, Section 41-4-1 NMSA 1978 et seq.)
Where state fair not liable. — The New Mexico state fair, as a corporate body of the state of New Mexico, is not liable for its torts. 1964 Op. Att'y Gen. No. 64-70 (opinion rendered prior to adoption of current version of Tort Claims Act, Section 41-4-1 NMSA 1978 et seq.).
Tort liability of fair and employees. — Though the state fair is a body corporate with right to sue and be sued, liability for torts of its employees does not follow therefrom, but can only be imposed by a statute in clear and unambiguous language. 1941 Op. Att'y Gen. No. 41-3852 (opinion rendered prior to present Tort Claims Act, Section 41-4-1 NMSA 1978 et seq.).
Am. Jur. 2d, A.L.R. and C.J.S. references. — Liability of owner or operator for injury to patron of fair, carnival, or the like, from operation of sideshows, games, or similar concessions, 24 A.L.R.3d 945.
