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MOUNTAIN STATES TEL. & TEL. CO. v. VOWELL CONST. CO.

No. A-7919.

341 S.W.2d 148 (1960)

MOUNTAIN STATES TELEPHONE AND TELEGRAPH COMPANY, Petitioners, v. VOWELL CONSTRUCTION COMPANY et al., Respondents.

Supreme Court of Texas.

Rehearing Denied December 31, 1960.

Attorney(s) appearing for the Case

Scott, Hulse, Marshall & Feuille, El Paso, for petitioner.

Andress, Lipscomb, Peticolas & Fisk, El Paso, for Kistenmacher Engineering Co. et al.

Edwards, Belk, Hunter & Kerr, El Paso, for Vowell Construction Co.

NORVELL, Justice.

While preparing an E1 Paso street for paving, Vowell Construction Company severed a 1515 pair communications cable (3030 wires) owned by The Mountain States Telephone and Telegraph Company. A judgment against Vowell and in favor of Mountain States was reversed by the Court of Civil Appeals. 335 S.W.2d 804. The appellate court held (1) that Mountain States had waived any cause of action it may have had against Vowell...

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