{
  "id": 1557283,
  "name": "Cora DUTTON, Plaintiff-Appellant, v. Paul SLAYTON, Defendant-Appellee",
  "name_abbreviation": "Dutton v. Slayton",
  "decision_date": "1979-04-30",
  "docket_number": "No. 12248",
  "first_page": "668",
  "last_page": "669",
  "citations": [
    {
      "type": "official",
      "cite": "92 N.M. 668"
    },
    {
      "type": "parallel",
      "cite": "593 P.2d 1071"
    }
  ],
  "court": {
    "name_abbreviation": "N.M.",
    "id": 8835,
    "name": "Supreme Court of New Mexico"
  },
  "jurisdiction": {
    "id": 52,
    "name_long": "New Mexico",
    "name": "N.M."
  },
  "cites_to": [
    {
      "cite": "50 N.M. 50",
      "category": "reporters:state",
      "reporter": "N.M.",
      "case_ids": [
        1577080
      ],
      "weight": 2,
      "year": 1946,
      "opinion_index": 0,
      "case_paths": [
        "/nm/50/0050-01"
      ]
    }
  ],
  "analysis": {
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    "char_count": 2455,
    "ocr_confidence": 0.83,
    "pagerank": {
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      "percentile": 0.41525760768291897
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    "sha256": "b32c124a2764d19f339ddecd131e1a4d8daac0030af764df97001acb6d8b7151",
    "simhash": "1:5992182fe8438f62",
    "word_count": 409
  },
  "last_updated": "2023-07-14T17:06:13.817562+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [
      "PAYNE and FEDERICI, JJ., concur."
    ],
    "parties": [
      "Cora DUTTON, Plaintiff-Appellant, v. Paul SLAYTON, Defendant-Appellee."
    ],
    "opinions": [
      {
        "text": "OPINION\nEASLEY, Justice.\nDutton sued Slayton because Slayton closed a road used by Dutton to reach her property. The trial court granted summary judgment for Slayton. Dutton appeals. We reverse.\nWe examine the issue of whether a public road existed which gave Dutton access. Dutton\u2019s complaint and affidavits alleged that a road which crossed Slayton\u2019s property was a \u201cpublic road\u201d because it had been used by Dutton and the public in general for well over ten years. Dutton denied that she had any claim to the use of Slayton\u2019s property other than that she had a right to use the \u201cpublic road\u201d. She denied permissive use.\nA map drawn up by the county, on which the county was required to show the location of all county highways, was admitted into evidence by stipulation. This map did not show the road claimed by Dutton.\nSlayton says that Dutton\u2019s sole claim was that the road was a public road and that \u00a7 67-2-1, N.M.S.A.1978 defines public roads to be roads dedicated to public use or roads recognized by county authorities. Dutton made no claim that the road had ever been dedicated. The road did not appear on the county\u2019s road map, which \u00a7 67 \u2014 4\u20141, N.M.S. A.1978 requires to show \u201cthe complete system of county highways\u201d.\nTherefore, according to Slayton, the road cannot be a public road, and summary judgment was properly granted.\nDutton contends that \u00a7 67-2-1 does not purport to give a comprehensive definition of \u201cpublic road\u201d. The section states that the two classes of roads mentioned are public roads, but this does not prohibit other sorts of roads from being found to be \u201cpublic roads\u201d. New Mexico has in fact recognized the principle that public roads may be created by prescription. Lovelace v. Hightower, 50 N.M. 50, 168 P.2d 864 (1946).\nThe statutory definition is not controlling. Facts necessary to the creation of a prescriptive easement in favor of the public have been properly alleged. Therefore, questions of fact as to the existence of a public easement are raised. Summary judgment was improper.\nThe decision of the district court is reversed, and the cause is remanded for trial.\nIT IS SO ORDERED.\nPAYNE and FEDERICI, JJ., concur.",
        "type": "majority",
        "author": "EASLEY, Justice."
      }
    ],
    "attorneys": [
      "Martin, Martin & Lutz, James T. Martin, Jr., William L. Lutz, Las Cruces, for plaintiff-appellant.",
      "Kenneth B. Wilson, Roswell, for defendant-appellee."
    ],
    "corrections": "",
    "head_matter": "593 P.2d 1071\nCora DUTTON, Plaintiff-Appellant, v. Paul SLAYTON, Defendant-Appellee.\nNo. 12248.\nSupreme Court of New Mexico.\nApril 30, 1979.\nMartin, Martin & Lutz, James T. Martin, Jr., William L. Lutz, Las Cruces, for plaintiff-appellant.\nKenneth B. Wilson, Roswell, for defendant-appellee."
  },
  "file_name": "0668-01",
  "first_page_order": 704,
  "last_page_order": 705
}