Hanks v. Gulf States Utilities Co.

CULPEPPER, Judge.

This is a suit for damages for trespass. Plaintiff is the owner of the tract of land on which the alleged trespass was committed. Defendant allegedly trespassed by removing an existing single line of poles and erecting in its place a line of H-frames, for the transmission of electrical power. The trial judge held there was a trespass and awarded $5,000 damages. Defendant appealed.

The substantial issue on appeal is whether defendant’s right to construct the H-frames was lost by prescription. The servitude title authorized “one line of poles, frames or towers”, but only the…