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OSSMAN v. MOUNTAIN STATES TELEPHONE & TEL. CO.

No. 72-237.

511 P.2d 517 (1973)

Emmett OSSMAN, Plaintiff-Appellee, v. The MOUNTAIN STATES TELEPHONE AND TELEGRAPH COMPANY, a Colorado corporation, Defendant-Appellant.

Colorado Court of Appeals, Div. I.

Rehearing Denied May 15, 1973.

Certiorari Granted July 9, 1973.

Attorney(s) appearing for the Case

Anthony F. Zarlengo, Denver, A. J. Laing, Leadville, for plaintiff-appellee.

Cotton Howell, Joseph C. O'Neil, Denver, for defendant-appellant.

Selected for Official Publication.

PIERCE, Judge.

In July of 1967, while placing a telephone cable along the highway right-of-way adjacent to real estate owned by plaintiff, Mountain States Telephone and Telegraph Company (Mountain Bell) inadvertently crossed a portion of plaintiff's land with the cable. It was not until June of 1970, that plaintiff discovered the intrusion upon his land, whereupon he immediately contacted Mountain Bell and demanded compensation...

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