Andrade v. City of Albuquerque

CPIAVEZ, Justice.

Appellant Prudence Andrade, plaintiff in the lower court, appeals from an order dismissing her complaint as to the • city of Albuquerque. The order of dismissal was based upon the motion of defendant The City of Albuquerque, which alleged:

“I. That it owns and operates its fire protection and fire alarm systems in a governmental capacity.

“II. That is has no liability insurance ■ pursuant to Section 5-6-20 N.M. S.A.1953, 1961 Supp; as further shown by the supporting affidavit of Edmund L. Engel attached hereto.

“III. That the governing body of the City of Albuquerque passed no…