WOFFORD v. RUDICK

No. 6241.

318 P.2d 605 (1957)

63 N.M. 307

Don WOFFORD and Albert O. Lebeck, Appellants, v. Steve J. Rudick and Mary R. Rudick, his wife, Appellees.

Supreme Court of New Mexico.

November 27, 1957.


Attorney(s) appearing for the Case

Herman W. Atkins, Gallup, David Chavez, r., Santa Fe, for Don Wofford.

Hannett, Hannett & Cornish, Albuquerque, for Albert O. Lebeck.

George E. McDevitt, Gallup, for appellees.


COMPTON, Justice.

Appellants, defendants below, appeal from a judgment awarding damages for creating and maintaining a nuisance.

Appellees are the owners of The Redwood Lodge in Gallup. Appellant Lebeck is a joint owner with Elizabeth McDermott Diffley of Zia Courts, situated immediately east of appellees' lodge and appellant Wofford is their lessee.

The complaint charged that Lebeck and Diffley laid, maintained and used a sewer line along the west...

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