Williams Ex Rel. Estate of Martinez v. Town of Silver City
New Mexico Court of Appeals
1Opinion of the Court
OPINION
WOOD, Chief Judge.
Four boys, ranging in age from seven to twelve years, suffocated when the cave in which they were playing collapsed. The cave was in the bank of an arroyo in Silver City (Town of Silver City). Part of the arroyo was within an area which had been dedicated as a street. In the resultant action for wrongful death, the jury verdict was for plaintiffs. The trial court entered judgment in favor of defendants notwithstanding the verdict. Plaintiffs appeal and Silver City cross-appeals.
We consider questions directed to the liability of Silver City, discussing three issues:…
Also in this document: Concurrence.
2Cases cited13 opinions
- Barker v. City of Santa FeNew Mexico Supreme Court · 1943
- Mozert v. NoedingNew Mexico Supreme Court · 1966
- Garcia v. Barber's Super Markets, Inc.New Mexico Court of Appeals · 1969
- Fredenburgh v. Allied Van Lines, Inc.New Mexico Supreme Court · 1968
- Hansen v. HayesOregon Supreme Court · 1944
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3Cited by16 opinions
- Franklin Financial v. New Empire Development Co.Utah Supreme Court · 1983
- Peterson Properties, Del Rio Plaza Shopping Center v. Valencia County Valuation Protests BoardNew Mexico Court of Appeals · 1976
- Estate of Gutierrez v. Meteor MonumentNew Mexico Supreme Court · 2012
- Estate of Gutierrez Ex Rel. Jaramillo v. Meteor MonumentNew Mexico Supreme Court · 2012
- Van Dever v. Sears, Roebuck & Co.Court of Appeals of Arizona · 1981
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