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VIRGINIA ELECTRIC & POW. CO. v. PERRY ENGINEERING CO.

188 S.E.2d 104 (1972)

212 Va. 785

VIRGINIA ELECTRIC AND POWER COMPANY v. PERRY ENGINEERING COMPANY, Incorporated.

Supreme Court of Virginia, Richmond.

April 24, 1972.

Attorney(s) appearing for the Case

Lewis T. Booker, Richmond (George D. Gibson, Hunton, Williams, Gay, Powell & Gibson, Richmond, on brief), for plaintiff in error.

Walter L. O'Neal, Arlington (Charles H. Duff, Duff, Slenker, Brandt & Jennings, Arlington, on brief), for defendant in error.

Before SNEAD, C. J., and I'ANSON, CARRICO, GORDON, COCHRAN, and HARMAN, JJ.

SNEAD, Chief Justice.

The Chesapeake and Potomac Telephone Company contracted with Perry Engineering Company, Inc. to lay underground telephone cables in Reston, Virginia. On June 14, 1967, while laying the cables, Perry dug into underground utility cables that had been previously laid by the Virginia Electric and Power Company. The damage to the Vepco cables was $4,466 and Vepco brought an action against Perry to recover that amount. The action was based on two counts...

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