[DOWNLOAD] "Martinez V. Cook" by New Mexico Supreme Court # Book PDF Kindle ePub Free
eBook details
- Title: Martinez V. Cook
- Author : New Mexico Supreme Court
- Release Date : January 12, 1952
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
The plaintiffs' second amended complaint alleged, in substance, the following: Plaintiffs own dwelling houses and business establishments in the Town of Espanola in an area bounded on the east by Onate Street, on the south by the City Limits, on the north by a street running from Onate Street to the Espanola High School and on the west by a large ditch. The area is so situated and contoured that prior to the acts complained of water drained from a north-westerly direction across the area through a depression or swale in the southeast portion thereof and thence through a culvert under Onate Street. After passing through the culvert, the water entered a natural watercourse or arroyo having clearly defined bed, banks and channel and flowed from that point in the natural watercourse or arroyo across a low or depressed area through the lands of defendant Cook or Espanola Mercantile Co., thence through a cut or trestle in a railroad embankment and finally into the Rio Grande. More than 21 years prior to the filing of this action a railroad company (predecessor in title of individual defendants) constructed the embankment referred to, which ran generally parallel to Onate Street east of the area owned by plaintiffs. The railroad company left a cut or drainageway through the embankment so the flow of water in the watercourse or arroyo was not obstructed. During the spring of 1950 defendants filled in with dirt the low or depressed area between the culvert under Onate Street and the cut through the railroad embankment, thereby obstructing the normal passage of the waters to the river.