[Download] "Wisconsin Power & Light Co. v. Columbia" by Supreme Court of Appeals of West Virginia " Book PDF Kindle ePub Free
eBook details
- Title: Wisconsin Power & Light Co. v. Columbia
- Author : Supreme Court of Appeals of West Virginia
- Release Date : January 07, 1958
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 74 KB
Description
The order appealed from sustains a demurrer to the complaint on the ground that it does not state a cause of action. The complaint alleges that plaintiff, a public utility, owns an electric power line extending across the defendant county on steel towers, one of which towers is located in the middle of a large swamp filled with peat and muck to a depth of 40 to 50 feet; that in 1954 defendant county relocated a portion of a county trunk highway so as to pass across the swamp near and parallel to the plaintiffs line; that in the process of building the road defendant deposited a large amount of sand and gravel in the swamp adjacent to plaintiffs line and close to one of its towers; that the material so deposited sank and spread and extended under the surface of the swamp, thereby displacing the muck and peat so as to create mounds of earth eight to 10 feet high above the surface of the swamp under the power line and to move plaintiffs tower horizontally and tilt it, with the result that the tower was so twisted and bent that it was rendered useless and had to be replaced, to plaintiffs damage $23,665.56, for which amount recovery is ought. The damage to the tower is characterized as a taking of plaintiffs property.