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GUTIERREZ v. RIO RANCHO ESTATES, INC.

No. 3273.

607 P.2d 622 (1979)

94 N.M. 84

Ralph A. GUTIERREZ, Mary S. Gutierrez, his wife, and Ruth H. LUCERO a/k/a Aline Lucero, Plaintiffs-Appellees, v. RIO RANCHO ESTATES, INC., and AMREP Construction Corporation, Defendants-Appellants.

Court of Appeals of New Mexico.

Writ of Certiorari Granted May 17, 1979.

Attorney(s) appearing for the Case

Jerrald J. Roehl, Richard A. Winterbottom, Jerrald J. Roehl & Associates, Albuquerque, for defendants-appellants.

Joseph H. Mercer, Mercer & McCash, Albuquerque, for plaintiffs-appellees.

OPINION

SUTIN, Judge.

Plaintiffs sued defendants for damages on theories of negligence and nuisance as a result of water runoffs from defendants' property onto plaintiffs' land. The court instructed the jury on strict liability and the jury returned a verdict for plaintiffs. Defendants appeal from the judgment entered. We reverse.

The facts in this case are fairly simple and undisputed. Plaintiffs are owners of 14 acres of land which lie adjacent...

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