(Download) "State V. Town Of Grants" by New Mexico Supreme Court # eBook PDF Kindle ePub Free
eBook details
- Title: State V. Town Of Grants
- Author : New Mexico Supreme Court
- Release Date : January 14, 1961
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
Upon remand of this case after a previous appeal (State of New Mexico ex rel. State Highway Commission v. Town of Grants, 66 N.M. 355, 348 P.2d 274) defendant, Town of Grants, filed its answer to the plaintiff's complaint, and a counterclaim and set off against plaintiff. The allegations of the complaint are set forth in our previous opinion. By the counterclaim defendant alleged that plaintiff had destroyed water pipes, sewer pipes and other facilities owned and managed by it for the benefit of the public, which pipes and facilities lay under U.S. Highway 66 within the boundaries of defendant town; that the same were of a reasonable value of $40,000; that plaintiff was negligent in failing to determine the location of the lines before tearing up the highway and in the manner of their removal so that their destruction could have been avoided; that the pipes and facilities were converted to the use of plaintiff, and that defendant should have a set off or counterclaim of $40,000, but in no event in an amount greater than plaintiff might recover in its action.