Farmer v. Kentucky Utilities Co.

642 S.W.2d 579 (1982)

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Farmer v. Kentucky Utilities Co.

Kentucky Supreme Court
642 S.W.2d 579 (1982)

Facts

Elva Farmer (plaintiff) owned a parcel of land on which Kentucky Utilities Co. (defendant) held a prescriptive easement. This easement permitted Kentucky Utilities Co. to hang electrical wires over Ms. Farmer’s land. In 1980, Kentucky Utilities Co. entered Ms. Farmer’s land to clear the brush and other trees and shrubs underneath its power lines, to avoid any interference. Ms. Farmer brought suit against Kentucky Utilities Co. for trespass. The trial court determined that Kentucky Utilities Co. did not have the right to enter Ms. Farmer’s land. Kentucky Utilities then appealed, with the court of appeals ruling that it may enter the land to repair and maintain its power lines over Ms. Farmer’s land. Ms. Farmer then petitioned for certiorari to the Supreme Court of Kentucky.

Rule of Law

Issue

Holding and Reasoning (Sternberg, J.)

Dissent (Aker, J.)

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