Legal Opinion · Dissent

Candelaria v. Vallejos

New Mexico Supreme Court

Decided June 27, 1905No. 1025Published

Appeal from the district court of Dona Ana county, before Frank W. Parker, Associate Justice. No authorities cited except Territorial statutes. Community ditches under the New Mexico statutes are involuntary quasi corporations; public in nature and use. 15 Eng. & A. M. Ene. of Law, (1st Ed.) p. 955; 1 Beach on Public Corporations, Secs. 3 and 4; Eliott on Municipal Corporations, Secs. 3-4-71 and 72. Such corporations are not liabe for torts.

Read the full summary

Appeal from the district court of Dona Ana county, before Frank W. Parker, Associate Justice. No authorities cited except Territorial statutes. Community ditches under the New Mexico statutes are involuntary quasi corporations; public in nature and use. 15 Eng. & A. M. Ene. of Law, (1st Ed.) p. 955; 1 Beach on Public Corporations, Secs. 3 and 4; Eliott on Municipal Corporations, Secs. 3-4-71 and 72. Such corporations are not liabe for torts. Elmore v. Drainage Commissioners, 135 111. 260; 1 Beach on Public Corporations. An irreparable injury is not necessarily sncli an injury as is beyond the…

1Dissent

MANN, J.—

(Dissenting.) I cannot concur in the result attained by the majority of this court expressed in the exhaustive opinion written by Mr. Justice Pope, because I believe that such a result is arrived at through a mistaken conception of the relations of the parties constituting a community ditch and an erroneous construction of the laws governing such ditches. I believe that if such construction is placed upon the acequia laws of the Territory, evil consequences will follow, in that a minority, even of one person, may control the reasonable wishes of the majority, cause unnecessary and…

2Cases cited8 opinions

  1. Duryea v. BurtCalifornia Supreme Court · 1865
  2. Carpentier v. WebsterCalifornia Supreme Court · 1865
  3. Bradley v. HarknessCalifornia Supreme Court · 1864
  4. Decker v. HowellCalifornia Supreme Court · 1872
  5. Reed v. SpicerCalifornia Supreme Court · 1864

3 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API