MOUNTAIN BELL v. HERRINGTON

No. 11024.

555 P.2d 687 (1976)

89 N.M. 566

MOUNTAIN BELL, Petitioner, v. Ellis B. HERRINGTON, Jr., and La Verne Herrington, and County of Grant, State of New Mexico, Respondents.

Supreme Court of New Mexico.

Rehearing Denied September 24, 1976.


Attorney(s) appearing for the Case

Hunter L. Geer, Albuquerque, Shantz, Dickson & Young, Robert J. Young, Silver City, for petitioner.

Robertson & Reynolds, John W. Reynolds, Silver City, Patricio S. Sanchez, Asa Kelly, Jr., Silver City, for respondents.


OPINION

EASLEY, Justice.

The plaintiffs-appellants, Ellis and LaVerne Herrington (hereinafter plaintiffs), brought suit against the defendant-appellee, Mountain Bell (hereinafter defendant), for damages resulting from an alleged unlawful and negligent entry upon their land to bury an underground cable. Grant County was joined as a third party defendant. After a trial without a jury, judgment was entered for the...

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