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WHITE v. CITY OF LOVINGTON

No. 65.

435 P.2d 1010 (1967)

78 N.M. App. 628

Willine WHITE, a Widow, and American Reliable Insurance Company, Plaintiffs-Appellants, v. The CITY OF LOVINGTON, New Mexico, a Municipal Corporation, Defendant-Appellee.

Court of Appeals of New Mexico.

December 22, 1967.

Attorney(s) appearing for the Case

R.E. Richards, Girand, Cowan & Reese, Hobbs, for plaintiffs-appellants.

Lowell Stout, Hobbs, for defendant-appellee.

OPINION

WOOD, Judge.

The case involves an obstructed sewer line. The appeal raises two issues: (1) In ruling on a motion to dismiss made after plaintiff had completed the presentation of its evidence in a non-jury trial, how is the trial court to view the evidence? (2) Did the trial court err in ruling that plaintiff failed to prove negligence?

The complaint alleges that defendant was negligent in failing...

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