MOORE v. BURN CONST. CO.

No. 5636.

646 P.2d 1254 (1982)

98 N.M. 190

David L. MOORE, Plaintiff-Appellee, v. BURN CONSTRUCTION COMPANY and the City of Alamogordo, Defendants, and Commonwealth Frontier Theatres Corporation, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Denied June 17, 1982.


Attorney(s) appearing for the Case

Edward E. Triviz, P.A., Las Cruces, for defendant-appellant, Commonwealth Frontier Theatres.

Thomas A. Sandenaw, Jr., Peter M. Hebard, Alamogordo, for plaintiff-appellee.


OPINION

WOOD, Judge.

Plaintiff, operating a motorcycle, ran into the concrete portion of a sewer manhole allegedly extending above the "finish grade" of the installation. The manhole was a part of a sewer line installed by the construction company under a contract with the city. The city had condemned an easement within which the sewer line was installed. The easement was across land owned by the theater corporation, outside of the fence enclosing a drive...

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