GROFF v. CIRCLE K. CORPORATION

No. 1314.

525 P.2d 891 (1974)

86 N.M. 531

Ted GROFF and Christine Groff, Plaintiffs-Appellees, Cross-Appellants, v. CIRCLE K. CORPORATION, Defendant-Appellant, Cross-Appellee.

Court of Appeals of New Mexico.

August 7, 1974.


Attorney(s) appearing for the Case

William C. Madison, Branch, Dickson, Dubois & Wilson, Albuquerque, for appellant.

Raymond G. Sanchez, Albuquerque, for appellees.


OPINION

HENDLEY, Judge.

Plaintiffs recovered damages as a result of defendant's construction of a store and parking lot which caused surface waters to discharge onto plaintiffs' property. Defendant appeals asserting lack of substantial evidence and contributory negligence. Plaintiffs' cross-appeal relates to the trial court's finding and award for plaintiffs' failure to mitigate damages.

We affirm on defendant's appeal and reverse on plaintiffs'...

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