STULL v. CITY OF TUCUMCARI

No. 1809.

540 P.2d 250 (1975)

88 N.M. 320

James STULL, Plaintiff-Appellee, v. CITY OF TUCUMCARI, a Municipal Corporation, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Denied September 11, 1975.


Attorney(s) appearing for the Case

Robert M. Rowley, Tucumcari, for defendant-appellant.

Raymond Villani, Tucumcari, for plaintiff-appellee.


OPINION

WOOD, Chief Judge.

The trial court held Tucumcari liable for the fraud of its city manager. The dispositive issues concern the basis for holding Tucumcari liable. We discuss: (1) Section 14-9-7, N.M.S.A. 1953 (Repl.Vol. 3); (2) Sections 5-6-18 through 5-6-20, N.M.S.A. 1953 (Repl.Vol. 2, pt. 1); and (3) liability of a municipality for torts of an employee.

The trial court's findings are not challenged. It found that Tucumcari's City Commissioners...

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