(DOWNLOAD) "Moore v. Burn Construction Co." by New Mexico Court of Appeals # Book PDF Kindle ePub Free
eBook details
- Title: Moore v. Burn Construction Co.
- Author : New Mexico Court of Appeals
- Release Date : January 06, 1982
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
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-in theater. Plaintiff sued the construction company, the city and the theater corporation for damages, alleging that each of the defendants had been negligent. The theater corporation, hereinafter referred to as the landowner, moved for summary judgment on the basis that it had no duty to plaintiff. The motion was denied; we granted the landowners application for an interlocutory appeal. The issue is the landowners duty to plaintiff; if the landowner owed no duty to plaintiff, it is not liable to plaintiff on a theory of negligence. Latimer v. City of Clovis, 83 N.M. 610, 495 P.2d 788 (Ct. App. 1972).