[DOWNLOAD] "Fireman''s Fund Insurance Co. V. Tucker" by New Mexico Court of Appeals * Book PDF Kindle ePub Free
eBook details
- Title: Fireman''s Fund Insurance Co. V. Tucker
- Author : New Mexico Court of Appeals
- Release Date : January 12, 1980
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
This suit arose out of two separate accidents where a trailer-tractor collided with a cow on a public highway. The two cows were owned by Cross Claimant-Appellants. Plaintiffs sued the owners of the cows for negligence in failing to prevent their livestock from running on a fenced public highway and the Highway Department for failing to properly inspect and maintain the fence along the highway. The cattle owners cross-claimed against the Highway Department, asserting that any actionable negligence was imputable solely to the Highway Department whose statutory duty it was to maintain the fence. The trial court dismissed the complaint and cross-claim against the Highway Department on the grounds that the Department was immune from this suit under the New Mexico Tort Claims Act. We reverse.
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