WINFIELD — A couple is suing an electric power company, citing alleged breach of contract.
Ernest E. Cart and Eugenia B. Cart filed a complaint in Putnam Circuit Court against American Electric Power Services Corp. d/b/a American Electric Power alleging that the defendant violated a written right-of-way/easement by cutting trees without permission.
According to the complaint, in late Nov. 2016, the couple discovered that the defendant either directly or by way of its agents, servants or employees wrongfully clear cut plaintiffs their trees without permission or consent.
Plaintiffs claim, as agreed in the way-of-easement agreement, the contract states "Cut No Trees" is mandated to prevent the slippage of the lot toward the river. The Carts claim they suffered $11,809 due to the wrongful tree cutting and are entitled to triple damages of $35,427.
The plaintiffs hold American Electric Power Services Corp. d/b/a American Electric Power responsible because it allegedly failed to comply with written right-of-way/easement, which has not been modified or otherwise released or cancelled, by cutting the trees without consent.
The plaintiffs request a trial by jury and seek judgment in the sum of $35,427, plus interest, costs, attorney's fees and punitive damages. They are represented by David L. Hill of David L. Hill, Attorney at Law in Hurricane.
Putnam Circuit Court Case number 18-C-205