White v. City of Lovington

OPINION

WOOD, Judge.

' The case involves an obstructed sewer line. The appeal raises two issues: (1) In ruling on a motion to dismiss made after plaintiff had completed the presentation of . its evidence in a non-jury trial, how is the trial court to view the evidence? (2) Did the trial court err in ruling that plaintiff failed to prove negligence ?

The complaint alleges that defendant was negligent in failing to properly inspect and maintain the municipal sewer line serving the property of Willine White. Trial was without a jury. After plaintiff rested its case in chief, defendant moved to…