Lacy v. Alabama Power Company

HOUSTON, Justice.1

Dr. Willoughby Echols Lacy III and his wife Barbara Lacy sued Alabama Power Company and Asplundh Tree Expert Company (“Asplundh”), on November 12, 1997. They sought damages based on claims alleging negligent cutting of trees, wantonness, trespass, conversion, and conspiracy. The trial court entered a summary judgment for the defendants. The plaintiffs appealed. We affirm.

In 1972, Alabama Power, by condemnation, acquired a transmission-line easement across certain land in Elmore County. This easement crossed the Lacys’ lands. The probate commissioners awarded them and their…