DUTTON v. SLAYTON

No. 12248.

593 P.2d 1071 (1979)

Cora DUTTON, Plaintiff-Appellant, v. Paul SLAYTON, Defendant-Appellee.

Supreme Court of New Mexico.

April 30, 1979.


Attorney(s) appearing for the Case

Martin, Martin & Lutz, James T. Martin, Jr., William L. Lutz, Las Cruces, for plaintiff-appellant.

Kenneth B. Wilson, Roswell, for defendant-appellee.


OPINION

EASLEY, Justice.

Dutton sued Slayton because Slayton closed a road used by Dutton to reach her property. The trial court granted summary judgment for Slayton. Dutton appeals. We reverse.

We examine the issue of whether a public road existed which gave Dutton access. Dutton's complaint and affidavits alleged that a road which crossed Slayton's property was a "public road" because it had been used by Dutton and the public in general for well...

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