Sun Pipe Line Co., Inc. v. Kirkpatrick

KEITH, Justice.

Defendants appeal from an adverse judgment wherein plaintiff recovered for damage done to his growing timber and to his fences. Plaintiff owned a large tract of land in Montgomery County with Sun Pipe Line Company having an easement approximately thirty feet in width across the northern boundary thereof. 1 Limbs growing upon trees on plaintiff’s lands obscured the surface of the easement and prevented the use of airplanes to patrol and inspect the pipe line for leaks. Sun engaged the defendant, Mobley Co., Inc., to spray these overhanging limbs with a chemical spray. Mobley…