Abbinett v. Fox
New Mexico Court of Appeals
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
- Sprecher v. Adamson CompaniesCalifornia Supreme Court · 1981
- Getz v. Equitable Life Assur. Soc. of USNew Mexico Supreme Court · 1977
- Michalson v. NuttingMassachusetts Supreme Judicial Court · 1931
- Sanchez v. MartinezNew Mexico Court of Appeals · 1982
- Gostina v. RylandWashington Supreme Court · 1921
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3Cited by23 opinions
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- Vigil v. SandovalNew Mexico Court of Appeals · 1987
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