WALKER v. L.G. EVERIST, INC.

No. 7812.

701 P.2d 382 (1985)

102 N.M. 783

Wanda WALKER, a single woman, Roy F. Miller, Jr., a married man dealing in his sole and separate estate, and Circle U Ranch, Inc., a corporation, Plaintiffs-Appellants, v. L.G. EVERIST, INC., Joe O. Garcia, the Honorable Santiago E. Campos, Walter Kegel, and Fred Standley, Defendants-Appellees.

Court of Appeals of New Mexico.

Certiorari Denied June 6, 1985.


Attorney(s) appearing for the Case

Hartley B. Wess, Miller & Wess, Ltd., Albuquerque, for plaintiffs-appellants.

James C. Ritchie, Henry M. Bohnhoff, Rodey, Dickason, Sloan, Akin & Robb, P.A., Albuquerque, Kegel, Glass, McDevitt & Morow, Santa Fe, for defendants-appellees.


OPINION

BIVINS, Judge.

Plaintiffs' amended complaint alleges that their land and improvements were damaged by flooding of the Brazos River in May, 1973. Plaintiffs claim that defendants, involved in gravel pit operation on adjacent property, negligently weakened the north bank of the river causing it to break its banks and flood plaintiffs' downstream property. Because defendants had taken no action to prevent future flooding, plaintiffs also sought abatement...

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