R. B. TYLER CO. v. SOUTHERN BELL TELEPHONE & TEL. CO.


347 S.W.2d 669 (1961)

R. B. TYLER COMPANY, Appellant, v. SOUTHERN BELL TELEPHONE & TELEGRAPH COMPANY, Appellee.

Court of Appeals of Kentucky.

April 28, 1961.


Attorney(s) appearing for the Case

Frank J. Dougherty, Jr., Louisville, for appellant.

Lively M. Wilson, Carl L. Wedekind, Jr., Stites, Wood, Helm & Peabody, Louisville, for appellee.


CLAY, Commissioner.

A judgment of $4,016, entered on a jury verdict, was obtained against appellant for alleged negligence in damaging an underground telephone cable owned by appellee. Appellant contends the trial court committed four errors.

The first contention is that the trial court improperly permitted appellee to read part of the deposition of one of appellant's witnesses in rebuttal. Since the witness was out of the state, his deposition could be read...

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