ZOBEL v. PUBLIC SERVICE COMPANY

No. 7561.

399 P.2d 922 (1965)

75 N.M. 22

Elma L. ZOBEL, Plaintiff-Appellant, v. PUBLIC SERVICE COMPANY of New Mexico, a corporation, Defendant-Appellee.

Supreme Court of New Mexico.

March 1, 1965.


Attorney(s) appearing for the Case

Stephenson & Olmsted, Harry S. Connelly, Jr., Santa Fe, for appellant.

Seth, Montgomery, Federici & Andrews, Santa Fe, for appellee.


COMPTON, Justice.

This appeal is from an order dismissing the plaintiff's complaint grounded in tort for failure to state a cause of action.

The facts are not in controversy; appellee, being clothed with power of eminent domain, on June 18, 1963, commenced an action to condemn land belonging to appellant for the purpose of constructing an electrical power line across the same. Notice of the proceeding was issued the same date and served upon the appellant...

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