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WILLIAMS v. TOWN OF SILVER CITY

No. 885.

502 P.2d 304 (1972)

84 N.M. 279

Angelita WILLIAMS, Individually and as Personal Representative and Administratrix of the Estate of David Martinez, Deceased, et al., Plaintiffs-Appellants, v. TOWN OF SILVER CITY, a Municipal Corporation, Defendant-Appellee.

Court of Appeals of New Mexico.

Certiorari Denied October 19, 1972.

Attorney(s) appearing for the Case

Richard E. Ransom, Smith & Ransom Law Offices, Albuquerque, for plaintiffs-appellants.

Hilton A. Dickson, Jr., Silver City, J.D. Weir, Las Cruces, for defendant-appellee.

OPINION

WOOD, Chief Judge.

Four boys, ranging in age from seven to twelve years, suffocated when the cave in which they were playing collapsed. The cave was in the bank of an arroyo in Silver City (Town of Silver City). Part of the arroyo was within an area which had been dedicated as a street. In the resultant action for wrongful death, the jury verdict was for plaintiffs. The trial court entered judgment in favor of defendants notwithstanding the verdict...

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