Malvernia Investment Co. v. City of Trinidad

Plaintiff, the owner of two neighboring apartment houses which were damaged from flooding following a heavy rainstorm, sued the city of Trinidad for $4,000 damages, alleged to have been caused through neglect of the city to care for the storm sewers on lower Arizona and lower Pine streets, and asked that the city be required properly to clean those storm sewers.

In a jury trial, after plaintiff had rested, the court granted defendant’s motion for a directed verdict in favor of the city and entered judgment accordingly. The trial court found that the evidence presented a question of the city…