Kell v. Appalachian Power Co.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• enjoining power company from using method of aerial broadcast spraying toxic herbicides to maintain right-of-way for its power 22 Brown v. Crozer Coal & Land Co., 144 W. Va. 296, 107 S.E.2d 777 (1959
• \In any construction of the language of a deed the intent of the parties is controlling.\ (footnote omitted)
• “In any construction of the language of a deed the intent of the parties is controlling.” (footnote omitted)
• power company held strictly liable for use of toxic herbicides inflicting damage upon property by application of herbicide in clearing trees, branches, and other obstructions from nearby right-of-way
• also focusing on the danger of drift in the aerial application of herbicide

Source: CourtListener parenthetical corpus (CC0).