MALL v. C. & W. RURAL ELECTRIC COOPERATIVE ASS'N

No. 37,766

168 Kan. 518 (1950)

213 P.2d 993

HENRY MALL and MRS. HENRY MALL, Appellees, v. THE C. & W. RURAL ELECTRIC COOPERATIVE ASSOCIATION, INC., Appellant.

Supreme Court of Kansas.

Opinion filed January 28, 1950.


Attorney(s) appearing for the Case

W.M. Beall, of Clay Center, argued the cause, and was on the briefs for the appellant.

John Berglund, Jr., of Clay Center, argued the cause, and was on the briefs for the appellees.


The opinion of the court was delivered by

ARN, J.:

This was an action by plaintiff landowners to recover for six elm trees allegedly owned by plaintiffs and cut down by defendant, a rural electric cooperative association, to make room for the construction of its electric power line. Trial was by the court, and upon judgment being rendered against defendant for treble damages pursuant to G.S. 1935, 21-2435, defendant appealed.

Plaintiffs' quarter section...

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