Tatum v. R & R CABLE, INC.

— The defendants, R & R Cable, Inc., Douglas W. Weis, Alan F. Weis and Prescott Telephone and Telegraph Company (hereinafter referred to as R & R), appeal from a judgment awarding treble damages for injury to trees on the Tatums' property, attorney's fees and costs. The issue is whether the holder of a utility easement may be held liable for treble damages when the easement holder deviates from the location of that easement without first obtaining permission of the landowner and damages trees and shrubs. We answer in the affirmative.

The Tatums owned a cabin on recreational property within…