Havner v. Northeast Arkansas Electric Cooperative
Court of Appeals of Arkansas
1ConcurrenceKenneth S. Hixson, Judge
While I agree that there is no statutory, contractual, or common-law duty in this case, I am hesitant to broadly say that an electric company would not owe a duty under any circumstances when it leases its utility pole to a Rthird party. Duty is a concept that arises out of the recognition that relations between individuals may impose upon one a legal obligation for the other. Marlar v. Daniel, 368 Ark. 505, 247 S.W.3d 473 (2007); Weisker v. Harvest Mgmt. Sub LLC, 2016 Ark. App. 220, 489 S.W.3d 696. Here, Northeast Arkansas Electric Cooperative (NAEC) leased its poles to a third-party…
2Cases cited2 opinions
- Marlar v. DanielSupreme Court of Arkansas · 2007
- Weisker v. Harvest Management Sub LLCCourt of Appeals of Arkansas · 2016