Lovell v. Oahe Electric Cooperative

FOSHEIM, Chief Justice (on reassignment).

Defendant Oahe Electric Cooperative (Coop) appeals from a judgment rendered against it in favor of Plaintiffs Earl, Blanche, and Roger Lovell (Lovells). We reverse.

In May, 1980, Coop constructed a high voltage line across Lovell’s farm. This line was twenty-seven feet, two inches above the ground and set off about five or six feet east of an existing well. In October, 1981, Earl and Roger were pulling a pipe and rod from the well when it came in contact with the transmission line. Earl and Roger were holding the pipe when it touched the line and…