Martinez v. CR Davis Contracting Company

I am unable to agree that the evidence substantially supports a finding of breach of a legal duty owing by defendant contractor to decedent.

It must be noted at the outset that in New Mexico it is established that the attractive nuisance doctrine will not be extended to include ponds, pools and other natural or artificial bodies of water, ditches or canals. Mellas v. Lowdermilk, 58 N.M. 363, 271 P.2d 399. The majority point to the fact that decedent and his companion boarded what appeared to be a raft, but was actually a cement form, floating on the water of the excavation, from which decedent…