1. Home
  2. Browse Decisions
  3. N.W.2d
  4. 523 N.W.2d
  5. 523 N.W.2d 417 (1994)
 

WALLAHAN v. BLACK HILLS ELEC. CO-OP, INC.

No. 18526.

523 N.W.2d 417 (1994)

Frank WALLAHAN, Appellee, v. BLACK HILLS ELECTRIC CO-OP, INC., Appellant.

Supreme Court of South Dakota.

Decided October 26, 1994.

Attorney(s) appearing for the Case

Samuel D. Kerr of Wallahan, Banks & Eicher, Rapid City, for appellee.

Steven J. Oberg of Lynn, Jackson, Shultz & LeBrun, Rapid City, for appellant.

ERICKSON, Circuit Judge.

Black Hills Electric Co-op, Inc. (BHEC) appeals a jury verdict awarding Franklin J. Wallahan (Wallahan) compensatory and treble damages for trespass and excessive trimming of trees on his property. We reverse and remand for a new trial.

FACTS

Since 1947, BHEC has maintained electrical lines and poles across the property now owned by Wallahan. BHEC believed it held a valid easement to enter and maintain those lines, executed...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases