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VOWELL CONSTRUCTION CO. v. MOUNTAIN STATES T. & T. CO.

No. 5376.

335 S.W.2d 804 (1960)

VOWELL CONSTRUCTION COMPANY, Appellant, v. MOUNTAIN STATES TELEPHONE AND TELEGRAPH COMPANY et al., Appellees.

Court of Civil Appeals of Texas, El Paso.

Rehearing Denied May 18, 1960.

Attorney(s) appearing for the Case

Edwards, Belk, Hunter & Kerr, El Paso, for appellant.

Scott, Hulse, Marshall & Feuille, Andress, Lipscomb, Peticolas & Fisk, El Paso, for appellees.

ABBOTT, Justice.

This was a suit brought by the Mountain States Telephone and Telegraph Company, a Colorado corporation, against Vowell Construction Company and Kistenmacher Engineering Company, to recover damages sustained by it as a result of certain earth-moving equipment owned and operated by Vowell, striking and cutting a 1530-pair telephone conduit and cable, owned by the telephone company and buried in Mauer Drive, a public street in El Paso, Texas. The Ysleta...

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