Tevis v. McCrary

CARMODY, Chief Justice.

In a prior appeal in this case, we reversed with instructions to reinstate the case on the docket. The opinion in the former appeal, under the same caption as the instant case, appears in 72 N.M. 134, 381 P.2d 208, and it was there decided that the plaintiff Tevis had a remedy in damages for the claimed contamination of a well and need not exhaust his administrative remedies relating to protest and appeal from a decision of the State Engineer. Following remand, the case was tried to a jury, which rendered a verdict favorable to the plaintiff, and the defendant McCrary…