Legal Opinion · Dissent

East Kentucky Rural Electric Cooperative Corp. v. Asbury

Court of Appeals of Kentucky

Decided May 17, 1957Published

1DissentSims, Judge

As I dissented in East Kentucky Rural Electric Cooperative Corp. v. Burke, 301 S.W.2d 892 and East Kentucky Rural Electric Cooperative Corp. v. Hall, 301 S.W.2d 891. I feel compelled to dissent in the instant case since the judgment here is much more excessive than the judgments in the Burke and Hall cases.

Here the easement is 60 feet wide and 421 feet long and is located on the back of Asbury’s 42 acre farm and is immediately adjacent to the lumber yard of the Richardson Lumber Company. This entire easement contains 7%oo of an acre, but the land actually occupied by the pole and three guy…

2Cases cited3 opinions

  1. United Fuel Gas Co. v. MaukCourt of Appeals of Kentucky · 1957
  2. East Kentucky Rural Electric Cooperative Corp. v. HallCourt of Appeals of Kentucky · 1957
  3. East Kentucky Rural Electric Cooperative Corp. v. BurkeCourt of Appeals of Kentucky · 1957

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