Legal Opinion

Abbinett v. Fox

New Mexico Court of Appeals

Decided July 9, 1985No. 7806PublishedCited by 23 opinions

1Opinion of the Court

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 sufficient evidence to support the award of damages. We affirm.

FACTS

Plaintiffs and defendant formerly owned adjoining residences on Mossman…

Also in this document: Concurrence.

2Cases cited31 opinions

  1. Sprecher v. Adamson CompaniesCalifornia Supreme Court · 1981
  2. Getz v. Equitable Life Assur. Soc. of USNew Mexico Supreme Court · 1977
  3. Michalson v. NuttingMassachusetts Supreme Judicial Court · 1931
  4. Sanchez v. MartinezNew Mexico Court of Appeals · 1982
  5. Gostina v. RylandWashington Supreme Court · 1921

26 more not listed; retrieve them via the Exa API.

3Cited by23 opinions

  1. Lane v. WJ. Curry & SonsTennessee Supreme Court · 2002
  2. Mosley v. TitusDistrict Court, D. New Mexico · 2010
  3. Downs v. GarayNew Mexico Court of Appeals · 1987
  4. Martinez v. MartinezNew Mexico Court of Appeals · 1997
  5. Vigil v. SandovalNew Mexico Court of Appeals · 1987

18 more not listed; retrieve them via the Exa API.

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