North v. Public Service Co. of New Mexico

OPINION

BIVINS, Judge.

Plaintiff sued Public Service Company of New Mexico (PNM) in trespass and negligence seeking compensatory and punitive damages resulting from the utility company’s activities in laying out and constructing a power line over a portion of plaintiff’s property. PNM filed an eminent domain action against plaintiff seeking to condemn the area where the line was erected. Both actions were filed the same day and were later consolidated for trial.

The trial court submitted to a jury the issues of trespass and PNM’s right to condemn. The jury found against PNM on both issues and…