EVANS v. COLORADO UTE ELEC. ASS'N, INC.

No. 81CA0145.

653 P.2d 63 (1982)

Ross EVANS, Plaintiff-Appellee and Cross-Appellant, v. COLORADO UTE ELECTRIC ASSOCIATION, INC., a Colorado corporation, and Commonwealth Electric Company, Defendants-Appellants and Cross-Appellees.

Colorado Court of Appeals, Div. I.

As Modified on Denial of Rehearing May 27, 1982.

Certiorari Denied October 12, 1982.


Attorney(s) appearing for the Case

Kent L. Yarbrough, Craig, for plaintiff-appellee and cross-appellant.

R. Gregory Haller, Montrose, and James M. Pughe, Craig, for Colorado Ute Elec. Ass'n, defendant-appellant and cross-appellee.

Kourlis & Thornberry, Thomas C. Thornberry, Craig, for Commonwealth Elec. Co., defendant-appellant and cross-appellee.


COYTE, Judge.

Defendants appeal from a judgment entered against them for damages for trespass on plaintiff's property while constructing a power line across plaintiff's property on an easement granted to Colorado Ute Electric Association. We affirm.

Defendant, Colorado Ute Electric Association, Inc. (Colorado Ute) acquired a 162.5 foot wide easement across a portion of plaintiff's land to construct a transmission line. The easement provided that the rights...

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