Legal Opinion
Gilbert v. New Mexico Const. Co.
New Mexico Supreme Court
Decided February 26, 1935No. 3903PublishedCited by 26 opinions
1Opinion of the Court
WATSON, Justice.
Plaintiff, J. C. Gilbert, sued the city of Roswell and the New Mexico Construction Company for a fire loss upon his residence, claiming that it was occasioned by low pressure in the city’s water mains, insufficient to enable firemen to extinguish the flames. Trial to the court resulted in a judgment of $3,700 against defendant construction company, and it has appealed.
Appellant was in pursuit of a paving contract with the city. Though informed of the location of the water mains, it so operated its power shovel, in excavating, as to break a main. This occurred at 10 o’clock a.…
2Cases cited24 opinions
- Milwaukee & Saint Paul Railway Co. v. KelloggSupreme Court of the United States · 1877
- Insurance Co. v. BoonSupreme Court of the United States · 1877
- Cole v. German Savings & Loan Soc.Court of Appeals for the Eighth Circuit · 1903
- Metallic Compression Casting Co. v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1872
- Byrd v. EnglishSupreme Court of Georgia · 1903
19 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Klopp v. Wackenhut Corp.New Mexico Supreme Court · 1992
- Bouldin v. SategnaNew Mexico Supreme Court · 1963
- Pittard Ex Rel. Pittard v. Four Seasons Motor Inn, Inc.New Mexico Court of Appeals · 1984
- Mares v. New Mexico Public Service Co.New Mexico Supreme Court · 1938
- Greenfield v. BruskasNew Mexico Supreme Court · 1937
21 more not listed; retrieve them via the Exa API.