Tate v. Western Carolina Power Co.

Tbis ease, in its cast" and setting, seems to be without any exact prototype. Consequential damages resulting from an original trespass are sought to be assimilated to compensation for an incidental easement. While form may be immaterial so long as it leads to recovery, nevertheless it becomes important on tbe issue of laches or tbe plea of tbe statute of limitations.

Tbe plaintiffs have alleged and say they have offered evidence tending to show a continuing trespass since 1928 as a result of tbe erection of tbe Rhodhiss Dam and Reservoir in 1924-1925, and the consequent retardation of the…