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Lovell v. Oahe Electric Cooperative

South Dakota Supreme Court
382 N.W.2d 396 (1986)

Written by Eric Miller, JD

Facts

Oahe Electric Cooperative (Oahe) (defendant) built a high-voltage transmission line that crossed a farm owned by Earl, Blanche, and Roger Lovell (plaintiffs). The transmission line went over a deep well on the Lovells’ property. When Earl and Roger were pulling a pipe from the well, the pipe came into contact with the transmission line, causing Earl and Roger to suffer severe burns. The Lovells brought suit. In the trial, Earl acknowledged that he had seen public warnings from Oahe concerning electrical lines. The jury awarded the Lovells $115,902 in damages. Oahe appealed. The South Dakota Supreme Court granted certiorari.

Rule of Law

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Issue

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Holding and Reasoning (Fosheim, C.J.)

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Dissent (Henderson, J.)

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