HANKS v. GULF STATES UTILITIES COMPANY

No. 2226.

210 So.2d 345 (1968)

Nelson HANKS et al., d/b/a the Hanks Company, Plaintiff and Appellee, v. GULF STATES UTILITIES COMPANY, Defendant and Appellant.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied June 3, 1968.


Attorney(s) appearing for the Case

Bailey & Mouton, by William C. Hollier, Lafayette, for defendant-appellant.

Mouton, Beard, Plaisance & Franques, by Caliste Beard, Lafayette, for plaintiffappellee.

Before FRUGE, HOOD and CULPEPPER, JJ.


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...

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