CORREA v. CURBEY

No. 2 CA-CIV 3035.

124 Ariz. 480 (1979)

605 P.2d 458

Albert I. CORREA and Janet Correa, husband and wife, Plaintiffs/Appellants, v. Roy CURBEY and Dorothy Curbey, husband and wife, Defendants/Appellees.

Court of Appeals of Arizona, Division 2.

Rehearing Denied December 3, 1979.

Review Denied January 3, 1980.


Attorney(s) appearing for the Case

Robert C. Moore, Phoenix, for plaintiffs/appellants.

Udall, Shumway, Blackhurst, Allen, Bentley & Lyons, P.C., by Merle M. Allen, Jr. and Steven H. Everts, Mesa, for defendants/appellees.


OPINION

HATHAWAY, Judge.

The principal issue presented on appeal by plaintiffs/appellants is whether the trial court committed reversible error in refusing to instruct the jury on strict liability. We find that it did and reverse.

The Correas brought this action against appellees Curbey for damages to their residence and well as a result of alleged blasting operations conducted by the Curbeys on their adjoining property. The testimony was conflicting...

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