Gallagher v. Grant-Lafayette Electric Cooperative

James and Patricia Gallagher appeal the trial court order dismissing their claims of trespass and negligence against Grant-Lafayette Electric Cooperative. Their claims arose out of the Cooperatives use of a herbicide to clear trees and brush under its electric power line on the Gallaghers property. We conclude the Cooperatives right-of-way easement included those steps reasonably necessary to maintain its power line and that the trial court erred in not correctly applying this standard in granting certain of the Cooperatives motions to exclude evidence. We also conclude that the trial court erred in deciding that damages for discomfort and annoyance are not available in an action for trespass. Accordingly, we reverse and remand as more specifically explained below.