Legal Opinion

McClure v. Town of Mesilla

New Mexico Court of Appeals

Decided September 11, 1979No. 3852PublishedCited by 7 opinions

1Opinion of the Court

OPINION

SUTIN, Judge.

In a one count complaint plaintiff sued the Town of Mesilla, a New Mexico Corporation and others, for the negligent installation of a length of underground drainpipe that ended abruptly under an intersection. As a result of several rains, water emptied in the soil under the intersection and the plaintiff’s nearby premises. As a proximate result of defendants’ negligence, plaintiff’s premises were damaged. Plaintiff also alleged that notice was given the Town as provided in § 41-4-16, N.M.S.A. 1978 of the Tort Claims Act.

The Town filed a motion to dismiss for failure to…

2Cases cited5 opinions

  1. Garver v. Public Service Company of New MexicoNew Mexico Supreme Court · 1966
  2. Summerford v. Board of Com'rs.New Mexico Supreme Court · 1931
  3. C & H Construction & Paving, Inc. v. Foundation Reserve InsuranceNew Mexico Supreme Court · 1973
  4. Wheeler v. Board of County Com'rs of San Juan CountyNew Mexico Supreme Court · 1964
  5. Buresh v. City of Las CrucesNew Mexico Supreme Court · 1969

3Cited by7 opinions

  1. Colman v. Utah State Land BoardUtah Supreme Court · 1990
  2. Electro-Jet Tool & Manufacturing Co. v. City of AlbuquerqueNew Mexico Supreme Court · 1992
  3. City of Sunland Park v. Santa Teresa Services Co.New Mexico Court of Appeals · 2003
  4. McCurry v. City of FarmingtonNew Mexico Court of Appeals · 1982
  5. City of Las Cruces v. El Paso Electric Co.District Court, D. New Mexico · 1995

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