ULIBARRI v. VILLAGE OF LOS LUNAS

No. 159.

444 P.2d 606 (1968)

79 N.M. 421

Mary ULIBARRI, Plaintiff-Appellee, v. VILLAGE OF LOS LUNAS, Defendant-Appellant.

Court of Appeals of New Mexico.

August 9, 1968.


Attorney(s) appearing for the Case

F.B. Howden, Sedillo & Howden, Belen, for defendant-appellant.

Robert G. McCorkle, James C. Ritchie, Rodey, Dickason, Sloan, Akin & Robb, Albuquerque, for plaintiff-appellee.


OPINION

WOOD, Judge.

Defendant's sewer line became obstructed; sewage backed up through plaintiff's service line and into her building. The trial court found defendant to have been negligent and entered judgment in favor of plaintiff. Defendant appeals, contending there is no substantial evidence that plaintiff's damages were caused by negligence on the part of defendant.

The trial court found that defendant had been negligent in several ways. We...

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