· 10/21/1999
DeWitt County Electric Cooperative, Inc. v. Parks
Citations
- 1 S.W.3d 96
- 1999 WL 450828
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that courts properly consider all writings pertinent to same transaction, even those executed at different time and without reference to transaction
- holding that easement gave electric utility right to remove and trim trees and that utility had no common law duty to refrain from tree trimming where easement governed
- stating that \the scope of the easement holder's rights must be determined by the terms of the grant\
- stating that “the scope of the easement holder’s rights must be determined by the terms of the grant”
- explaining that when a term—such as structure—is undefined, it will “be given its plain grammatical meaning unless to do so would defeat the parties’ intent”
- noting that when a contract spells out the parties' respective rights about whether trees may be cut, the contract and not common-law negligence theories governs any dispute about whether trees could be cut
Source: CourtListener parenthetical corpus (CC0).
Judges: Owen
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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