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· 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

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Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.