DAIRYLAND INS. CO., INC. v. BOARD OF COUNTY COM'RS

No. 1684.

538 P.2d 1202 (1975)

88 N.M. 180

DAIRYLAND INSURANCE COMPANY, INC., a Wisconsin Corporation, et al., Plaintiffs-Appellants, v. BOARD OF COUNTY COMMISSIONERS OF the COUNTY OF BERNALILLO, New Mexico, Defendants-Appellees.

Court of Appeals of New Mexico.

Certiorari Granted August 11, 1975.


Attorney(s) appearing for the Case

John S. Campbell, Aldridge, Baron, Pearlman & Campbell, P.A., Albuquerque, for plaintiffs-appellants.

James L. Brandenburg, Dist. Atty., Joe C. Diaz, Vance Mauney, Sp. Asst. Dist. Attys., Albuquerque, for defendants-appellees.


OPINION

HENDLEY, Judge.

Plaintiffs brought suit for personal injuries due to the alleged negligence of defendants in the maintenance of a county road. The specific allegation of negligence was that defendants allowed surface water flowing in an arroyo across the road to cut a deep channel in the road into which plaintiffs' car was driven causing the instant injuries. Upon defendants' motion for summary judgment...

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