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SOUTHERN BELL TEL. & TEL. CO. v. ROY COOK & SONS, INC.

No. 11136.

218 So.2d 404 (1969)

SOUTHERN BELL TELEPHONE & TELEGRAPH COMPANY, Plaintiff-Appellee, v. ROY COOK & SONS, INC., Defendants-Appellants.

Court of Appeal of Louisiana, Second Circuit.

Rehearing Denied February 5, 1969.

Attorney(s) appearing for the Case

Simon, Carroll, Fitzgerald & Fraser, Shreveport, for defendants-appellants.

Tucker, Martin, Holder, Jeter & Jackson, Shreveport, for plaintiff-appellee.

Before GLADNEY, DIXON and PRICE, JJ.

GLADNEY, Judge.

This action in tort was brought by Southern Bell Telephone & Telegraph Company against Roy Cook & Sons, Inc. to recover the cost of repairing a telephone cable allegedly damaged by dirt-moving equipment of the defendant. The latter has appealed from an adverse judgment.

Pursuant to statutory authority Southern Bell in 1956 located a subsurface telephone cable within the right of way of Aline Street, a dedicated street 40 feet

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