LOVELL v. OAHE ELEC. CO-OP.

No. 14497.

382 N.W.2d 396 (1986)

Roger LOVELL; Earl Lovell and Blanche Lovell, husband and wife, Plaintiffs and Appellees, v. OAHE ELECTRIC COOPERATIVE, Defendant and Appellant.

Supreme Court of South Dakota.

Decided February 12, 1986.

Rehearing Denied March 20, 1986.


Attorney(s) appearing for the Case

Thomas M. Maher of Maher, Carter & Bode, Pierre, for plaintiffs and appellees.

E.D. Mayer of Riter, Mayer, Hofer & Riter, Pierre, and Leo P. Flynn, Milbank, for defendant and appellant.


FOSHEIM, Chief Justice (on reassignment).

Defendant Oahe Electric Cooperative (Coop) appeals from a judgment rendered against it in favor of Plaintiffs Earl, Blanche, and Roger Lovell (Lovells). We reverse.

In May, 1980, Coop constructed a high voltage line across Lovell's farm. This line was twenty-seven feet, two inches above the ground and set off about five or six feet east of an existing well. In October, 1981, Earl and Roger were pulling a pipe and rod...

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