ABBINETT v. FOX

No. 7806.

703 P.2d 177 (1985)

103 N.M. 80

George ABBINETT, et ux., Plaintiffs-Appellees, v. Osborne W. FOX, et al., Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Quashed July 9, 1985.


Attorney(s) appearing for the Case

Martin E. Threet, Threet & King, Albuquerque, for defendant-appellant.

Narciso Garcia, Toulouse, Toulouse & Garcia, Albuquerque, for plaintiffs-appellees.


OPINION

DONNELLY, Chief Judge.

Defendant, Osborne Fox, appeals from a judgment awarded in favor of plaintiffs George and Betty Abbinett, authorizing plaintiffs to destroy encroaching tree roots originating from the defendant's property onto the plaintiffs' property and awarding compensatory damages. Two issues are raised on appeal: (1) whether the trial court properly imposed liability for damages caused by encroaching tree roots; and (2) whether there was...

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