MARCUS CABLE ASSOCIATES, L.P. V. KROHN 90 S.W.3d 697 (2002) CASE BRIEF

MARCUS CABLE ASSOCIATES, L.P. V. KROHN

90 S.W.3d 697 (2002)

NATURE OF THE CASE: Marcus (D) appealed a reversal of a summary judgment for it in Krohn's suit for negligence and trespass for D's installing cable lines on P's property without their consent.

FACTS: In 1939, P's predecessors in interest granted to the Hill County Electric Cooperative an easement that allows the cooperative to use their property for the purpose of constructing and maintaining 'an electric transmission or distribution line or system.' The easement further granted the right to remove trees and vegetation 'to the extent necessary to keep them clear of said electric line or system.' In 1991, Hill County Electric entered into a 'Joint Use Agreement' with a cable-television provider, which later assigned its rights under the agreement to D. D obtained permission from Hill County Electric to attach its cable lines to the cooperative's poles. Seven years later, P sued D alleging that D did not have a valid easement and had placed its wires over their property without their knowledge or consent. P asserted a trespass claim, and alleged that D was negligent in failing to obtain their consent before installing the cable lines. P sought an injunction ordering the cable wires' removal, as well as actual and exemplary damages. D asserted a right to use Hill County Electric's poles under the cooperative's easement and under Texas statutory law. The trial court granted summary judgment in D's favor. The court of appeals reversed and remanded, holding that neither section 181.102 nor the easement allowed D's use. D appealed.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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