Hindi v. Smith

CHAVEZ, Justice.

H. N. Smith, defendant in the lower court, appeals from a judgment requiring him to remove a certain gate and fence which he had built across a public road in Torrance County, New Mexico, and enjoining him from obstructing the roadway by a gate or any other obstructions.

Appellee, plaintiff below, alleged that appellant had built a “spite gate and a fence” across a certain public road in Sections 29 and 30, Twp. 3 N., R. 15 E., N.M.P.M., causing great inconvenience and bother to appellee; that it is impossible for appellee to haul certain of his equipment over said road by…