Koeber v. Apex-Albuq Phoenix Express

NOBLE, Justice.

Apex-Albuq Phoenix Express has appealed from a judgment restraining and enjoining it from constructing, operating or maintaining a truck terminal at the premises known as 7423 Edith Boulevard, N.E. in Albuquerque, New Mexico.

Thirty-one findings of fact were adopted by the trial court, including No. 14-

“14. That the entire operation of defendant’s present and proposed truck terminal amounts to a nuisance in fact and a nuisance per se.”

While many other findings are attacked as being unsupported by the evidence, and even though four points have been asserted as error, we think…