[DOWNLOAD] "Tompkins V. Carlsbad Irrigation District" by New Mexico Court of Appeals ~ eBook PDF Kindle ePub Free
eBook details
- Title: Tompkins V. Carlsbad Irrigation District
- Author : New Mexico Court of Appeals
- Release Date : January 16, 1981
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
Douglas, an infant approximately seventeen months old at the time, drowned in water standing in a culvert. The culvert carried irrigation ditch water underneath a highway. Plaintiff sought damages from CID (Carlsbad Irrigation District) and the directors of CID. Defendants moved to dismiss and converted that motion to one for summary judgment by the use of an exhibit showing the organization of CID and certain depositions. Rule of Civ. Proc. 12(b). The trial court denied the motion; we granted defendants' application for an interlocutory appeal. We discuss: (1) whether a governmental entity is involved; (2) § 41-4-6, N.M.S.A. 1978; (3) § 41-4-11, N.M.S.A. 1978; and (4) the legal sufficiency of the damage claim.