A person or company actually intending to make application for the privileges herein contemplated, and entering upon the land of another for the purpose of making the requisite examinations and surveys, and doing no unnecessary injury, is liable only for the actual damage done, and, if sued in such case, the plaintiff shall recover only as much costs as damages.
Code 1858, § 1345; Shan., § 1864; Code 1932, § 3129; T.C.A. (orig. ed.), § 23-1421.