MARTINEZ v. COOK

No. 5469.

244 P.2d 134 (1952)

56 N.M. 343

MARTINEZ et al. v. COOK et al.

Supreme Court of New Mexico.

Rehearing Denied May 28, 1952.


Attorney(s) appearing for the Case

Harry L. Bigbee, Donnan Stephenson, Santa Fe, for appellants.

Gilbert, White & Gilbert, Santa Fe, for W.P. Cook and Espanola Mercantile Co.


McGHEE, Justice.

This is an action by property owners in the Town of Espanola for damages to buildings and personal property caused by flood waters resulting from a heavy rain being retained on their lots because of the filling in of a claimed natural drainway, the closing of a cut in an abandoned railroad embankment and the stopping up of a culvert across Onate Street which separated the area in which the defendants had their properties and the lands of the individual...

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