Porterfield v. Buffalo County Public Power District

About 1905 the plaintiff planted a row of trees, alternating cottonwood and elm, along the west, north, and east sides of his farm, the north half of a section of highly developed land. In June, 1938, the defendant power company, its agents, and contractors (all are defendants) cut down eighteen of these trees along the west line to make way for a power line. The cutting of the trees was without notice to or permission of the plaintiff. Plaintiff sues to recover his damages.

Plaintiff’s evidence showed the planting, cultivation, growth of the trees, and their value as ornaments and in…