Mall v. C. & W. Rural Electric Cooperative Ass'n

The opinion of the court was delivered, by

Arn, J.:

This was an action by plaintiff landowners to recover for six elm trees allegedly owned by plaintiffs and cut down by defendant, a rural electric cooperative association, to make room for the construction of its electric power line. Trial was by the court, and upon judgment being rendered against defendant for treble damages pursuant to G. S. 1935, 21-2435, defendant appealed.

Plaintiffs’ quarter section of land was acquired by them about March 1, 1948. In 1938 a prior owner had granted defendant an easement to enter upon this particular…