Atencio v. Espanola Housing Authority

OPINION

SUTIN, Judge.

The only question for determination is whether § 23-1-23, N.M.S.A.1953 (Vol. 5), a limitation statute, is unconstitutional because it denied plaintiffs the equal protection of the law. We say that it is unconstitutional and reverse the judgment of the trial court.

The statute reads in pertinent part as follows:

[N]o suit, action or proceeding to recover damages for personal injury or death resulting from the negligence of any city, town or village, or any officer thereof, shall be commenced except within one [1] year next after the date of such injury. All such suits,…